Legal Reference Blog by Renee C. Walsh, Esq.

24. April 2008: Michigan Title Company Forces Married Persons to Take Title in Spouse's Name

Question:

Can a married women in Michigan own property solely in her name?

My daughter is in the process of buying a home in Michigan. The mortgage will be in her name only. The Michigan title company closing the transaction is directing her that if a person is married and buying property in Michigan they must take title “by the entireties.” The husband that is not employed, has not worked for a year, and has a poor credit history and has nothing to do with the mortgage MUST have his name on the title. ...More

24. March 2008: Action to Quiet Title

Question:

I bought 60 acres of commercial property ten years ago for $30,000.00. I did not file the deed with the Register of Deeds. The former owner again sold the property to his heirs for $50.00 last year and they recorded their deed. If they would have gone out and looked at the property, they would have seen that it was owned by someone else. Who should prevail in this situation? ...More

15. May 2007: Adverse Possession

It has come to my attention from a very experienced webmaster that information on adverse possession is hard to find on the internet and thus, the topic of this writing. Adverse possession regards rights in the land of another. Acquiring property by adverse possession is analogous to acquiring an easement by prescription. To acquire a prescriptive easement, the use must be open and notorious, adverse and under claim of right, and continuous and uninterrupted for the statutory period. To acquire property by adverse possession, the elements are the same except ...More