In Michigan, as in most states, the state authority has significantly limited access to public places, stores, restaurants, movie theaters, offices, and other businesses through the issuance of executive orders prohibiting such access. For businesses whose viability depends on the public’s ability to access that business’ physical location, the issuance of such orders has resulted in a loss of use of the property and a severe interruption in business. For some, their insurance policies may appear to insure against loss of use of the insured property when a civil authority prohibits the insured from using the insured property, such as through issuance of an executive prohibiting such access, or there is damage to the property resulting in its loss of use. While it may seem as though the business climate created by the Coronavirus (COVID-19) is unique to our generation, this is not the first time a Governor’s executive order has impacted businesses in Michigan and there are several cases from the Michigan Court of Appeals which can provide guidance.
Category Archives: Title Disputes
Quit Puttering Around – Slow Property Owner Loses Land to Jack Nicklaus Signature Championship Golf Course
On March 17, 2020, the Michigan Court of Appeals approved for publication its December 19, 2019 opinion in New Products Corporation v Harbor Shores BHBT Land Development, LLC, __ Mich App __; __ NW2d __ (2019) (Docket No. 344211), holding that a property owner abutting a Jack Nicklaus Signature championship golf course lost its rights to a disputed parcel of land when it did not object during construction of the golf course’s 18th hole in the disputed area. The Michigan Court of Appeals determined the golf course’s potential loss of status as a Jack Nicklaus Signature championship golf course outweighed the property owner’s rights in the disputed parcel in light of the fact the property owner did not object to the construction until the golf course was completed and open to the public.
There are several ways in which property can be held by multiple owners. For married couples, one of the most commonly used estates is the tenancy by the entireties. It provides a right of survivorship that enables a surviving spouse to hold property without having to proceed with probate. In Michigan, this estate is only available to married couples. In some instances, parties may seek to mimic the right of survivorship contained in a tenancy by the entirety by holding property as joint tenants with a full right of survivorship. Similar to a tenancy by the entireties, this estate cannot be unilaterally severed by the act of one of the parties, and it provides an indestructible right of survivorship to the surviving joint tenants. This may make it appear to be a more attractive option, in some circumstances, to a tenancy in common which is the presumptive estate for unmarried individuals in Michigan. However, parties seeking to utilize a joint tenancy with full right of survivorship should be aware of the risks that come with such an estate.
In Michigan, a significant portion of commercial and residential real estate development occurs through the creation of either subdivisions or condominiums. Typically, an owner of a large parcel of land will establish a condominium or subdivision as a means of dividing the land into various smaller lots (called “units” in a condominium) that can be individually sold. Although the more recent trend, particularly in residential developments, is to create condominiums, most older developments were done through creating platted subdivisions under the Michigan Land Division Act, MCL 560.101, et seq., or one of its predecessor statutes.
A quiet title action is a type of lawsuit that resolves a dispute as to the ownership of real estate or resolves a dispute regarding an interest in real estate relating to somebody that may not be the owner of the real estate. Quiet title actions are often necessary to ensure that a property owner retains possession of their property and to ensure that the property owner has marketable title that can later be transferred. In Michigan, a quiet title action is authorized by statute. MCL 600.2932 provides as follows: Read more