The Dingeman & Dancer Blog consists of articles, news, and press releases written and edited by the attorneys and legal professionals at our firm, providing updates on both recent legal developments and established advice and guidance. Choose from the various topics listed in the sidebar menu to narrow in on a particular focus.
Change to Michigan Marketable Title Act Requires Property Owners to Take Action to Preserve Certain Property Interests
Author: Katie J. Sabo, Esq. Earlier this year, a change to Michigan’s Marketable Record Title Act (“Act”) took effect that requires property owners to take action or risk losing certain property interests. In general, the purpose of the Act is to ensure that a property purchaser obtains “marketable title.” According to the Act, title is marketable…
Recent Decision Upholds Homestead Exemption for Short-Term Rentals
Author: Dane Carey In Rentschler v Township of Melrose, No. 33633, the Michigan Court of Appeals ruled in favor of a homeowner who claimed he was entitled to a homestead exemption on property that he rented for more than 14 days in a year. Michigan’s Principal Residence Exemption (PRE), also referred to as the “homestead” exemption, exempts…
Michigan Abolishes Dower Rights
Author: W. Dane Carey Early this year, Governor Snyder signed into law legislation that abolishes all statutory or common law rights of dower in Michigan. The newly signed law went into effect on April 6, 2017, making transfers of real estate in Michigan are no longer subject to a potential dower claim, with the exception…
Buying and Selling Real Estate on Land Contract
Author: W. Dane Carey In Michigan, buyers and sellers of real estate have the option of using a unique financing mechanism that can, in certain situtations, provide a superior means of structuring a property sale. This mechanism, known as a land contract, is a popular form of seller financing used in real estate transactions (often residential) that…
In the Shadow of Proposal 3: Knowing Your Property Rights
Author: George E. Powell Election season is upon us, and consequently, the heavily debated Proposal 3 will finally be up for vote. Unless you have missed the litany of yard-signage and continuous local media coverage, you would surely know that there is a contentious battle being waged over an amendment to Traverse City’s Charter. The amendment…
Woodland Regulation: Tree Removal
Author: Daniel J. Dingeman The ability to remove trees in connection with land development is limited by various types of woodlands regulation. In the development context, this regulation focuses on not only on the restrictions on tree removal, but also on controlling soil erosion and sedimentation. The latter focus, which will not be discussed in any…
Corporate Relief Under Michigan’s Natural Resources and Environmental Protection Act
Author: George E. Powell The snow has (finally) melted. Northern Michigan residents can now dig through closets for their sandals, beach towels and swim trunks. Seasonal changes bring more than wardrobe changes, however—the warm months escort in droves of construction and land development projects. Such projects are not always as clean and tidy as they appear from…
Serious Consequences for Impacting a Wetland
Author: W. Dane Carey Property owners and construction clients often come to us for advice after already starting a building or development project because the Michigan Department of Environmental Quality (MDEQ) has informed them that their activities have impacted a wetland. Unfortunately, it is often too late at this point to avoid serious consequences. While there are certain…
New Law Allows Electronic Service of Eviction Notices
Author: W. Dane Carey This past year, Governor Snyder signed into law House Bill 4038 (“HB 4038”). The new Michigan law, which amends Section 5718 of Michigan Summary Proceedings Act, gives landlords the ability to serve eviction notices via electronic means such as email, provided that a tenant has provided prior consent and supplies the landlord…
New Uncapping Exemption for Ladybird Deed Transfers
Author: W. Dane Carey We recently posted an article that outlined new exemptions for residential real estate owners to transfer property to relatives without triggering an “uncapping” of the property taxes. Following that recent change in Michigan law, there was some debate within the legal community regarding the continued viability of transfers via one popular estate…