Michigan Quiet Title Lawyer
Real estate is a valuable asset to the person who owns it. Under the law, this ownership may be collective or private. Real estate is valuable and lasting—something than can benefit an individual and the individual’s heirs for generations to come.
One of the benefits of owning property is that an individual is able to do whatever he or she wants with the property rights. The individual can grant all of the property to another individual, grant all the property to a group of individuals, grant the property to a person to use for life—the possibilities go on and on.
An individual who has a valid legal claim to the ownership of real estate and is thus entitled to exercise property rights over it will usually have a title granting ownership and an associated “bundle of rights.” Title will often be in the form of a deed, or a written document conveying ownership.
Unfortunately, property ownership is not always simple and straightforward. Occasionally, problems arise that significantly affect the land and confuses the true ownership of the land. Sometimes there is a question of ownership due to unclear or unrecorded property conveyances. Other times, problems can arise when co-owners, who own a single piece of property together, have a dispute as to the proper use of that piece of property.
What begins as clear-cut ownership can quickly become a messy question of who exactly is entitled to a certain piece of real estate. Common culprits behind ownership complications include:
- Unclear Wills (Unclear as to who gets the land, or what land is conveyed)
- Problems regarding proper puchase of land
- Failures to properly record the transfer of land
When there is a dispute as to who has a legal claim to the property rights of a certain piece of land, legal action sometimes needs to be taken to settle the dispute.
ACTION TO QUIET TITLE
An action to quiet title is an action brought in to definitively settle the question of ownership of a specific piece of real estate and to therefore “quiet” competing claims. Instances that give rise to the need for an action to quiet title include:
- Forged Deeds
- Deeds granted under coercion
- A quitclaim deed, a deed used to transfer interest in property (the grantor “quits” any right to the property), that is ambiguous – this can occur when a deed is not conveyed along with a title covenant, or a guarantee as to the validity of the title.
- Adverse possession – when an individual gains legal rights by the actual, non-permissive, exclusive, adverse, continuous, open and notorious use of the land for a number of years
An action for quiet title is appropriate when the potential exists for other individuals to make a claim for the land in question, even if none have yet come forward to exercise this claim. Notice is given to all who might have a claim to the property before the court quiets the title brought before it. The elements for an action to quiet title vary from state to state, but in Michigan, courts have broad discretion over actions to quiet title. But even with this discretion, there are parameters that guide the courts. In Michigan, the courts are limited to hearing actions to quiet title that have occurred within fifteen years of the lawsuit coming before the court.
Additionally, under Michigan law, courts are required to completely resolve competing claims for property and to hand down a final determination as to who owns the property. For this reason, actions to quiet title are useful, as they resolve any doubt surrounding the ownership and control of a particular piece of property. To bring an action to quiet title, Michigan law requires that the individual bringing the suit file a short and plain statement showing that he or she is entitled to relief. This short statement is usually just a short list of the facts of the case.
CO-OWNERSHIP OF REAL ESTATE
Sometimes, several people or entities own a single piece of property jointly. For example, a timeshare is a piece of property that individuals share and use for a select portion of the year. Problems that arise in situations of co-ownership are normally not battles over who actually owns the property since it is established that all involved “own” the property. Here, the parties encounter difficulty when there are disagreements as to the use of the property. For example, co-owners sometimes disagree as to how much time each owner should have use of the property, or how the property should be maintained.
Often disputes are amenable with negotiation; however, sometimes parties will encounter an irreconcilable disagreement. At that point, the co-owners need to seek to divide or sell the property.
MEROUEH & HALLMAN EXPERIENCED LITIGATORS
As property rights affect everyone, disputes can be particularly disruptive. Swift resolution is often the best way to avoid unnecessary wastes of time and money. Attorneys who are familiar with the contours of the law can help land owners to understand their legal options and to take the necessary steps to settle a disagreement. Attorneys are often the best chance at quickly and efficiently settling these kinds of disputes.