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Posts in the Real Estate category:

REAL ESTATE 73: Quiet title action.

This case involves a dispute over real property located in Michigan. W and V who are D’s parents, acquired the property. In 1999, W and V conveyed the property to the Trust, to which W is the sole trustee, via a quit claim deed. At some point...

REAL ESTATE 68: Holding that plaintiffs-buyers’ allegations of fraud in this case arising from the sale of a residence did not preclude the trial court from granting defendants’ motion for summary disposition based on a release, the court affirmed.

This cause of action arises from plaintiffs’ purchase of a residence from defendant, who had rights in the house under a land contract from co-defendant, the legal owner of the house. Before the house was for sale, in January 2018, an upstairs...

REAL ESTATE 59: Concluding that the one-year period contained in the parties’ home purchase agreement was not a statute of limitations, but rather akin to a statute of repose, and that it was plain and unambiguous, the court held that it barred plai

BACKGROUND On March 12, 2016, the parties entered into an agreement for the purchase of defendants’ home. The purchase agreement contained the following clause: TIME FOR LEGAL ACTION: Buyer and Seller agree that any legal action against...

REAL ESTATE 50: Trial court relied upon warranty deed documents that provided the 2005 Easement superseded the Original Easement.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the trial court relied upon the 2013 warranty deed documents that twice expressly provided the 2005 Easement superseded the Original Easement.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.

4 Common Real Estate Disputes to Watch Out For

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....

REAL ESTATE 44: Rule of acquiescence in boundary disputes.

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.
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