In June 2012, plaintiff purchased real property in Michigan. Over a year later plaintiff was arrested on federal charges related to drug trafficking. Since his arrest, plaintiff has remained incarcerated. During his first week in jail, he was...
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This action for breach of contract, negligence, and abuse of process arises from the construction of a home. Failure to Pay Property Taxes During the construction, plaintiff failed to pay the property taxes, and the county foreclosed on the...
This case concerns the enforceability of an amended condominium bylaw prohibiting short-term rentals where such rentals had been expressly contemplated and allowed under an existing 15-year contract between the owner of a condominium unit and a...
Plaintiffs purchased a home in Michigan. At the time of the sale, the owners of the home, defendants, had been suffering from dementia for several months and were living in assisted-living facilities. Their daughter, defendant L, as their power of...
REAL ESTATE 52: Zoning board found that changes in product altered the property’s use under the zoning ordinance.
The Plaintiffs purchased the property in question in 1992. The property is zoned C-1, commercial district, and may be used for retail sales of goods and services. From 1992 to 2006, the Plaintiffs operated a ceramics shop in the commercial building...
The question presented by the case is whether the operation of a MMCC at this location complies with Section 61-3-354(b)(1) of the Detroit Zoning Ordinance, which prohibits the BSEED from approving any request for a MMCC where located within a drug-free zone.
REAL ESTATE 51: Dispute regarding the ownership of a reception desk at the end of a commercial lease.
At issue is whether the color bar and reception desk were the Salon’s trade fixtures. The court found that SOF owned the color bar and reception desk because they were fixtures attached to the premises.
REAL ESTATE 50: Trial court relied upon warranty deed documents that provided the 2005 Easement superseded the Original Easement.
In reaching this conclusion, the trial court relied upon the 2013 warranty deed documents that twice expressly provided the 2005 Easement superseded the Original Easement. Review of the 2005 Amendment demonstrated that every aspect of the Original Easement was expressly repeated, modified, or omitted. Nothing in the language of the 2005 Amendment suggests that it is intended to be read in conjunction with the Original Easement.
REAL ESTATE 49: Plaintiff filed suit to compel defendant to transfer the property under the terms of the lease.
Defendant’s legal position is that the option to buy expired at midnight on April 22, 2017, and the lack of any tender of payment by that time means the option expired and plaintiff forfeited all rights to the property.
Plaintiff and defendants agree that there was no writing in this case. Thus, the agreement’s terms determine whether it falls within the statute of frauds.
Governmental entities are generally immune from tort liability. A governmental entity can only be subject to suit if a plaintiff’s case falls within a statutory exception. As such, it is the responsibility of the party seeking to impose liability on a governmental agency to demonstrate that its case falls within one of the exceptions.
The second amendment to the lease was not provided to plaintiff during the negotiations.
Creating a mutually beneficial real estate deal usually goes through smoothly with both sides presenting their interests then negotiating toward a middle ground they can both agree to uphold. Unfortunately, not all deals go through without an issue....
The party claiming a prescriptive easement has the burden of establishing entitlement to the prescriptive easement by clear and cogent evidence. An easement by prescription results from use of another’s property that is open, notorious, adverse, and continuous for a period of fifteen years.
Even viewed in the light most favorable to plaintiffs, the deeds make it clear that neither plaintiffs nor their predecessors ever had an ownership interest in the western 10 feet of Lot 56.
A party may file a third-party claim as of right within 21 days after his or her original answer is due. Otherwise, leave on motion with notice to all parties is required.
The doctrine of acquiescence provides that, where adjoining property owners acquiesce to a boundary line for a period of at least fifteen years, that line becomes the actual boundary line. The underlying reason for the rule of acquiescence is the promotion of peaceful resolution of boundary disputes.
REAL ESTATE 43: Action shall not be brought against a financial institution unless the commitment is in writing and signed with an authorized signature.
MCL 566.132(2) provides an action shall not be brought against a financial institution to enforce any of the following promises or commitments of the financial institution unless the promise or commitment is in writing and signed with an authorized signature by the financial institution.
Plaintiffs took possession of the property on or about May 1, 2017. Shortly thereafter, plaintiffs contacted the Defendants and asked for certain fixtures to be returned. The Defendants refused, stating that the fixtures were not part of the sale.
The trial court held that in the absence of a written agreement, plaintiff was not entitled to have the house conveyed to her because an oral agreement to transfer the house was barred by the statute of frauds. The trial court entered an order dismissing plaintiff’s claim for quiet title to the house and dismissing defendant’s counterclaim.
REAL ESTATE 41: An assertion of jurisdiction over property is anything but an assertion of jurisdiction over the owner.
Defendant contends that LLC did not provide him with adequate notice of its claim for possession
MCL 211.7cc(2) provides that an owner of property can claim the PRE by filing an affidavit that must state that the property is owned and occupied as a principal residence by that owner of the property on the date that the affidavit is signed and shall state that the owner has not claimed a substantially similar exemption, deduction, or credit on property in another state.
A motion for summary disposition under MCR 2.116(C)(10) should be granted if the evidence submitted by the parties fails to establish a genuine issue of a material fact, and the moving party is entitled to judgment or partial judgment as a matter of law.
The land contract stated that T Company sold real property to plaintiff. The land contract further stated that if plaintiff failed to make a monthly payment, T Company could execute the quitclaim deed, thereby terminating plaintiff’s rights to the real property under the land contract.
The trial court granted defendants’ motion for summary disposition, concluding that the claims against the realty companies were barred by the valid release contained in the purchase agreement and that the claims against sellers were required to be resolved in arbitration because they fell within the scope of the arbitration clause in the purchase agreement.
REAL ESTATE 37: Trial court can set aside a foreclosure sale if there is a strong case of fraud or irregularity.
When the statutory requirements for mortgage foreclosure are met, a trial court generally lacks authority to set aside a foreclosure sale except in a strong case of fraud or irregularity.
REAL ESTATE 36: Plaintiff argued that her claim was not time-barred because it did not accrue until the grandmother’s death.
Plaintiff’s interest in the subject property is best characterized as a remainder estate, because her right to possession of the property was postponed until the occurrence of a specific contingency, that being the deaths of the grandparents. Plaintiff pursued this action within the 15-year limitation period; accordingly, this action is not barred by MCL 600.5801(4).
REAL ESTATE 35: An easement holder has the limited right to use the land but does not have the right to possess that land as does the fee owner of the land.
Accordingly, plaintiffs requested declaratory relief, allowing them to make the proposed modifications to the easement as depicted in the gravel drive improvement plan and prohibiting the defendants from interfering with their maintenance of the easement.
LITIGATION 5: The trial court properly relied on defense counsel’s representation because an attorney speaks for his client.
The trial court then entered an order settling the consent judgment, which stated that the parties stipulated, on the record, to settle plaintiff’s inverse condemnation claim for $10,000, and that the settlement was approved by defendant’s city council.
The statute only applies to any surplus money after satisfying the mortgage on which the real estate was sold. Therefore, for the Petitioners to be entitled to anything under MCL 600.3252, the mortgage on the Southfield property must have been satisfied and there must be surplus money remaining after the mortgage is satisfied.
An entity’s bylaws are a contractual agreement between the entity and its members. Condominium association bylaws constitute a binding contractual agreement between the governing entity and its members to the extent that the bylaws do not conflict with or are not inconsistent with state law.
Plaintiffs requested that the trial court, either through reformation of the First Easement or interpretation of the Second Easement, quiet title in favor of plaintiffs and declare them to be the owners of an easement to access Lake Superior through the ravine on defendants’ property, enjoin defendants from interfering with their use of the easement, and order compensation for damages to the stairs.
Defendants completed the project. Plaintiff did not pay for any of the costs of the project. Defendants moved to compel plaintiff to pay one-half of the costs under the agreement. Plaintiff responded that defendants had materially breached the agreement in several ways, including by denying her the right to supervise the project, by refusing to give her an installation schedule, and by starting work before plaintiff approved of the start date.
REAL ESTATE 31: Bank agreed to not proceed with foreclosure if defendant made modified loan payments.
In May 2015, Bank A and defendant entered into an agreement (the Trial Plan), temporarily modifying the loan. Bank A agreed to not proceed with a foreclosure sale if defendant made payments of $1,382.62 for three months.
When a married couple holds real property as tenants by the entirety, neither spouse acting by themselves can alienate or encumber their interest in the property. A husband or wife must receive the consent of their spouse before conveying or encumbering an interest in the property.
When real property has been vacated and physical assets are left behind or abandoned on the property, one who thereafter properly enters the property and maintains possession is not liable in an action for claim and delivery under MCL 600.2920.
In an action arising from an alleged default by a condominium co-owner, a successful association of co-owners shall recover the costs and reasonable attorney fees associated with the action, as determined by the court, to the extent the condominium documents expressly so provide.
The trial court determined that the plat dedication granted an easement to use the park to all of the lot owners and did not grant riparian rights to any lot owners.
Defendant conveyed by quit claim deed the Property to herself and plaintiff as Joint Tenants with Full Rights of Survivorship and not as Tenants in Common. Defendant apparently took this action for purposes of estate planning.
On December 22, 2016, plaintiffs commenced an action to recover damages for the lost sale. They alleged breach of contract, breach of fiduciary duty, fraudulent misrepresentation, silent fraud, entitlement to exemplary damages, and other claims.