by W. Jay Brown | Jan 16, 2021 | Real Estate Law
What happens if you discover your fence or driveway is on your neighbor’s property? What do you do if your neighbor encroaches on your land? This often happens when a new survey is completed, often as part of the sale of property. Boundary line disputes can be...
by W. Jay Brown | Jan 16, 2011 | Construction Law, Litigation, Real Estate Law
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 huge implications. Much of...
by W. Jay Brown | Mar 5, 2010 | Real Estate Law
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 living in a cabin...
by W. Jay Brown | Jan 22, 2010 | Litigation, Real Estate Law
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 McQueen v Black, 168 Mich App...