Property Disputes in Lansing, 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 Lansing, 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. Lansing, 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
If your Lansing property dispute involves $25,000 or less, the 54-A District Court has jurisdiction. However, you will need to file larger cases with the Ingham County Circuit Court.
Common Types of Lansing, 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 Lansing 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 Lansing, Michigan Property Disputes
Trees that grow on or near a property line can be a common source of dispute between Lansing neighbors. If the tree trunk grows on your neighbor’s property, you can trim branches that overhang your property. However, you must be careful not to damage the tree. Michigan law provides criminal penalties for willfully or maliciously damaging someone else’s tree. On the other hand, if the tree trunk is on the property line, its maintenance is the joint responsibility of both landowners. In addition, you cannot trim or cut a tree that grows on the City of Lansing property without a permit.
Another possible issue between neighbors involves farms and their resultant smells, sounds, and other inconveniences. However, Michigan’s Right to Farm laws protect many Lansing agricultural operations from nuisance lawsuits. To gain this protection, the farm must adhere to generally accepted agricultural and management practices. In addition, the state laws do not protect non-commercial farms. Therefore, those operations may be subject to nuisance actions under Lansing Municipal Code.
Legal Process for Boundary Disputes In Lansing, Michigan
Has someone brought a property dispute against you in Lansing, 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 Lansing, 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.
Michigan statutes provide rules for many fence and boundary issues in Lansing. For example, if neighbors disagree about a boundary fence, the township’s Fence Viewer can decide. As for the fence itself, Lansing Zoning Ordinances include provisions that regulate fences, planting screens, and landscape buffers.
Try to Find a Solution with Your Neighbor
Property dispute litigation in Lansing, Michigan can cost a fortune, not to mention it can take a long time to settle a dispute. Therefore, it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.
Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.
If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.
Sending a Demand Letter
This letter will be from your Lansing 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
The best option for both parties is often to settle the dispute out of court, avoiding the expense and time associated with litigation. Reaching an agreement through negotiation can save significant legal fees and provide a resolution that works for everyone involved.
However, if negotiations stall, filing the dispute in court may become necessary. The court will carefully examine the evidence presented to determine ownership of the , property in question. Keep in mind that the court’s decision is legally binding, and the outcome may not align with your expectations. This is why settling outside of court is typically the preferable approach.
Depending on the size of your Lansing property dispute, either the 54-A District Court or the Ingham County Circuit Court will have jurisdiction.
Work With an Experienced Local Property Dispute Lawyer In Lansing, 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 Lansing 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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