Archive for Real Estate Law

Michigan Professional Service Liens

  • January 27th, 2019
  • W. Jay Brown
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  In December of 2018, the Michigan Construction Lien Act  (CLA) was amended to provide protection for certain design professionals. The CLA now provides specific lien rights and procedures for creating and perfecting lien rights for professional services in the…

Michigan’s Natural Flow Doctrine

Michigan’s Natural Flow Doctrine

  • June 24th, 2017
  • W. Jay Brown
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  This weekend’s major flooding in Midland Michigan is sure to raise lots of questions regarding drainage between neighbors.  Michigan subscribes to the “natural flow” doctrine which provides that higher elevation properties have a natural right to drain its water…

Environmentalist Victory Short Lived?

Environmentalist Victory Short Lived?

  • January 16th, 2011
  • W. Jay Brown
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At the very end of the 2010 term of the lame duck Democratic majority, the Michigan Supreme Court issued its 4-3 decision in Anglers of the AuSable v DEQ and provided a significant victory for Michigan environmentalists. The decision has…

A Warning to Landlords

A Warning to Landlords

  • March 5th, 2010
  • W. Jay Brown
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If landlords weren’t already convinced about the dangers of self-help, the recently released case of Christie v Fick, (Mich Ct. App. docket # 285924, released March 2, 2010) should make the point very clear. In that case, the plaintiffs were…

The Burden of Proof in Adverse Possession

The Burden of Proof in Adverse Possession

  • January 22nd, 2010
  • W. Jay Brown
  • Comments Off on The Burden of Proof in Adverse Possession

The burden of proof in an adverse possession case is “clear and cogent.” There is a terrific legal citation to quote regarding this heightened burden when defending adverse possession claims. Take a look at footnote 2 from the case of…