At Galloway and Collens, PLLC, we take an educational and informative approach to the practice of estate planning. We will work to understand your unique needs and goals, counsel you on your various options, and pursue a strategy for protecting your assets and loved ones. To help you better understand estate planning, read below for answers to questions we frequently receive.
If adjoining property owners disagree as to the location of the boundary between their properties then there are two approaches to resolve the situation. The best approach is for the property owners to speak with one another and come up with an agreement that accommodates the concerns of both parties. It is often a good idea to put that agreement in writing and sometimes it may be important to record it with the register of deeds. If an amicable resolution cannot be reached, then it may be necessary to file a lawsuit to establish the boundary line. Such a lawsuit will generally require that the parties present evidence of the historical use of the properties. Galloway and Collens, PLLC can assist with either approach to resolving the dispute.
If your use of the property has been continuous for a period of more that 15 years then you may be able to make a legal claim that you are entitled to that property. There are additional criteria that you would have to meet before a court would award you legal title to the property and we can help you analyze the situation to determine if a lawsuit might be appropriate.
A “cloud on title” refers to some defect or unresolved interest in the chain of title for your property that prevents you from conveying marketable title to a purchaser. Such defects could take many forms, but typical issues include construction liens, unresolved interests of prior owners, undischarged mortgages, easements, judgments, rogue deeds, and typographical or recording errors. Depending upon the issue these matters might be resolved quickly by drafting and recording a document with the register of deeds or they might require that we file a lawsuit to “clear title” and determine the interest affecting the real property.
When purchasing or selling (or leasing) commercial property it is always advisable to retain an attorney before you sign any document with a broker or a purchase agreement.
In the case of residential real estate, legal representation is not always necessary. If you are purchasing or selling a home with no complicating factors and are working with an experienced broker that is zealously advocating for your interests then you may not need to incur the added expense of legal representation. Unfortunately, it can be difficult to know beforehand whether your transaction will benefit from legal representation. It is not unusual for us to be called in to resolve issues related to poorly drafted purchase agreements that don’t properly address the concerns or needs of a client; clients who signed a contract as an individual when they are actually acting in a representative capacity (i.e. on behalf of a decedent’s estate), failing to resolve title issues before listing the property, and raising or responding to concerns regarding the legal or physical condition of the property during the inspection period. If you are not already working with an attorney when a problem arises with your transaction, then your ability to respond to the situation may be jeopardized. Investing in good legal representation at the beginning of the process is often money well spent. We offer one time document review and attorney consultations for $750. Legal fees associated with residential transactions typically fall into a range of between $2,000 and $4,000. While it is more difficult to predict the cost of representation in a commercial transaction, our refundable retainer for such transactions is often set at $5,000.
Although our attorneys have significant prior experience working with non-profits that represent residential tenants, we are not currently accepting tenant non-payment cases. If, however, you have been seriously injured because of something that happened in your rental unit or on the property, then we may be able to assist you. We always offer one-time consultations to review leases or other documents provided to tenants. The cost for this service is a flat fee of $750.
Galloway and Collens regularly represent residential and commercial property management companies in evictions and other litigation.
To schedule a consultation about your real estate options, call us at 248-545-2500 or send us an email. We represent individuals and families in the Detroit metro area and throughout Michigan.
Our law firm is ready to help. Contact the real estate and estate planning attorneys at Galloway and Collens, PLLC.
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