Property Disputes in Flint, MI
Property disputes in Michigan are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.
Find out what you can do if you have a property dispute in Flint, Michigan. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Flint, MI property disputes can involve a wide range of parties, which might include some of the following:
- Neighbors
- Homeowners’ association
- Landlords and tenants
- Family members
- Trespassers
- Property visitors
- Government agencies
The judiciary that will decide your property dispute in Flint will be one of Michigan’s trial courts. Litigation of up to $25,000 goes to a district court. But, anything over that amount becomes the jurisdiction of the circuit court system.
Common Types of Flint, Michigan Property Disputes
It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:
- Disputes between neighbors regarding where property lines exist
- Disputes between landlords and tenants regarding who is at fault for damage to the property
- Homeowners and real estate developers disagree over who is responsible for repairs on construction
- People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
- Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
- Disputes between homeowners and government agencies about whether they have a utility easement
- Ownership disputes about who is the rightful owner of a property
- Issues with zoning
Beyond these examples, you may find other situations in Flint where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.
Understanding Typical Flint, Michigan Property Disputes
The Michigan Penal Code has punishments for a frequent topic in property disputes: tree damage. Willfully causing harm to another individual’s timber, grass, or other plants is a crime with notable consequences. At present, the punishments can go up to $15,000 in fines, jail time, and paying three times the cost of the vandalism. As for the civil penalties, the awards from a judge or jury in Flint may depend on recent precedent.
Another issue not uncommon in civil suits can involve Michigan’s Right to Farm Act. This law exists to protect ranchers or farmers from lawsuits claiming they’re a public or private nuisance. As long as an agricultural operation in Flint follows the rules, generally, they don’t have any liabilities.
Legal Process for Boundary Disputes In Flint, Michigan
Has someone brought a property dispute against you in Flint, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.
Understand the Boundary Issue
To understand the specific boundary dispute, you’ll have to do the following things:
- Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
- Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
- Do a title search to find all of the documents in the chain of title of your Flint, MI property. The title search will show if any deeds may affect your ownership.
These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.
Another consideration for boundary disputes in Flint is any fencing that exists between property lines. The cost of building a fence or keeping it in good condition can become a point of contention. In general, a neighbor has the right to construct their own under current law. Alternatively, there may be an existing agreement to split the expenses.
Try to Find a Solution with Your Neighbor
Property dispute litigation in , can be expensive and time-consuming. Before taking legal action, it’s often best to try and resolve the matter through direct communication with your neighbor. Reaching a mutual agreement outside of court can save both parties significant time, stress, and money.
Consider reaching out to your neighbor by sending a letter, email, or even making a phone call. If it feels safe, you can also visit them in person to discuss the issue. Open and respectful communication may help clear up misunderstandings and lead to a resolution without escalating the situation.
However, if your efforts don’t lead to progress and it’s clear you’re still at odds, it may be time to consult an attorney. A legal professional can evaluate your case, determine if you have valid grounds for a claim, and assist with drafting a demand letter to formally address the dispute.
Sending a Demand Letter
This letter will be from your Flint attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.
Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.
Going to Court or Reaching a Settlement
Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Flint, MI property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.
Should you need to attend hearings during this process in Flint, the 7th Judicial District will likely have jurisdiction.
Work With an Experienced Local Property Dispute Lawyer In Flint, Michigan
When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer who understands Flint property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Michigan state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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