Michigan real property law deals primarily with the ownership of land. Michigan real property law education and training should include recognition of the most important classifications of real property. These include concurrent estates, freehold estates and non-freehold estates.

Michigan property laws generally allow the state exclusive jurisdiction over the land within its borders. These laws are not subject to federal law for the most part. There are three phases to an attorney’s education on real property laws in Michigan:

1. Formal education. An attorney who practices real estate laws in MI should at least have a Juris Doctor (J.D.) degree. The J.D. degree should come from a law school that is accredited by the American Bar Association (ABA).
2. Specialization. Attorneys frequently choose to specialize by taking specific training in real property law in Michigan. These courses may be taken as a program of concentration in law school or as Continuing Legal Education (CLE).
3. Membership in professional organizations. There are many legal organizations for attorneys who practice real property law. These may be bar associations, organizations for a particular cause or groups exclusively for practicing real estate attorneys.
   

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Attend a law school that specializes in Michigan real property law

There are a variety of universities in Michigan that provide training in real property law, such as specific coursework, a formal concentration or legal clinics.

I recommend: The Thomas M. Cooley Law School requires two semesters of property law from all of its students. The University of Detroit Mercy School of Law includes a course in real property law in its first year curriculum.

Obtain CLE credit for real estate law in MI

Michigan requires attorneys to stay current on changes in employment law with CLE courses. There are a variety of education and training programs in Michigan that provide CLE credit in real property law.

I recommend: The Institute of Continuing Legal Education provides CLE webcasts, handbooks, audio CDs and MP3 downloads by practice area in Michigan, such as real property law. The State Bar of Michigan provides CLE in real property law through programs such as its Homeward Bound series, summer conferences and annual state bar program.

Learn through professional training associations on real property law in Michigan

Professional associations frequently offer formal training such as conferences, seminars and workshops in employment and labor law. These organizations also provide more casual meetings that allow attorneys to exchange tips on building and maintaining a practice.

I recommend: The Real Property Section of the Detroit Metropolitan Bar Association offers regular programs on real property law. The Genesee County Bar Association conducts seminars on property law in Michigan.

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Helpful advice for making the most of this Guide

• •  An attorney who practices Michigan real estate law may also wish to specialize in a particular type of real property to provide better service for their clients. For example, an attorney may learn about the specific property laws on farming in order to build a practice around agricultural property.

Michigan real estate law can be confusing and most business owners chose to work with a qualified Michigan real property law attorney to feel more confident in their transactions.

While you may think it's fairly straightforward, there are actually several ways that property law in Michigan can affect business owners. For example, zoning laws dictate what types of business and industrial activities can occur on a particular property. This is why it's very important to know all the facts about Michigan property laws before you buy.

Before speaking with a Michigan real estate law firm:

1. Learn as much as you can about Michigan property law, so that you have a good idea why you need a lawyer. You will definitely want a lawyer present when purchase property or enter a rental agreement, but lawyers can handle many other issues as well.

2. Determine your budget. Some lawyers that specialize in real estate law in Michigan charge on a per-hour basis, which could be less expensive if you only have a few small needs.

3. Choose a lawyer that understands your particular industry as well as Michigan real property law. Commercial and agricultural real estate laws, for example, are different.

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Hire an attorney that specializes in real estate law in MI

You should always have a lawyer on hand when you make large transactions, such as purchasing or selling property. Your lawyer can draw up contracts that protect your interests and prevent others from taking legal action against you later on.

I recommend: The Law Office of Christopher Sevick, P.L.C. serves the Ann Arbor and Ypsilanti areas. Find lawyers in other areas by visiting Lawyers.com.

Understand the property insurance required by Michigan real estate law

Whether you are a business or an individual, the real estate law states that if you own property, you must purchase insurance. A business owner in Michigan may want to purchase property damage, public liability and rent interruption insurance, just to feel more secure.

I recommend: The Michigan Department of Labor and Economic Growth offers several PDF guides to insurance in Michigan. Make sure you find the ones listed under "Homeowners/Renters Insurance." Once you understand the requirements, contact the Michigan Basic Property Insurance Association, which aims to provide property insurance at reasonable rates.

Find a tax lawyer that understands real estate laws in Michigan

Once you own property, your taxes become much more complicated. A good tax lawyer will make sure you are following the law and still getting all the discounts you deserve.

I recommend: The Law Offices of Jeffrey S. Freeman can help you handle your tax issues. You can also search for a lawyer through the State Bar of Michigan.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  You can do many things without the aid of a lawyer. If you have a good understanding of property law in Michigan, it's easier to know what you can do on your own and when a lawyer is necessary.

Michigan real property law mainly deals with land ownership in the state. Because every state has different laws and regulations, knowing key legal concepts in Michigan real property law will help you feel more comfortable buying, selling or financing property in Michigan. By understanding the Michigan laws, you will know when you can handle a transaction yourself and when you will need to engage the services of a lawyer.

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Torrens Title

Torrens Title is unique to Michigan and five other states in the United States, although it is widely used in Europe and Canada. Following a hearing, the court issues a certificate that details the extent of the applicant's land, which is subject to any exceptions shown.

I recommend: Net Industries explains the origins of the Torrens Title system and its implications.

Ancillary probate

Ancillary probate is the legal method used to settle an estate after the death of Michigan property owner who lived in another state. A representative, called a foreign personal representative, is appointed in the state where the decedent lived. The representative does not have to open a probate estate in Michigan, but can settle the estate in their home state.

I recommend: Smith Bovill offers a definition of ancillary probate.

Inchoate dower

Inchoate dower refers to the wife's interest in her husband's property, which will become hers in the event of his death. Conversely, inchoate curtesy refers to the husband's rights in the property that he will inherit from his wife. Because inchoate curtesy was abolished in Michigan, real estate purchasers only need to check for inchoate dower.

I recommend: David Phillips explains inchoate dower more fully and shows how it can affect Michigan real estate buyers.

Lis pendens

Lis pendens is a Latin term that refers to a pending lawsuit. This written notice reveals that someone has instituted a lawsuit, claiming ownership in the property. Michigan law requires that buyers be notified if the property has a lis pendens, meaning that the title is in question.

I recommend: ChestofBooks.com describes lis pendens.

Title theory

Title theory is a legal theory that gives the lender the title to a property until the loan on that property is paid in full. Because Michigan is a title-theory state, a deed of trust secures the title of any home or property that has a lien on it. In Michigan, this deed is called a trust mortgage.

I recommend: Foreclosure.com discusses the concept of title theory and how it effects Michigan foreclosures.

Metes and bounds

Metes and bounds is a system of establishing property boundaries. 'Metes' refers to measuring (meters) and 'bounds' came from the word 'boundaries.' Land divisions are marked mainly with geographic features, natural reference points, compass directions and degrees, distance measurements, or permanent markers placed by the surveyor. Michigan often uses metes and bounds for legal descriptions of rural properties.

I recommend: Building Place defines the usage of the terms "metes and bounds" and tells about the Land Division Act that governs this option for Michigan lots.

An ever changing real estate market means adaptations to property law in Michigan. Lawmakers saw a need to change provisions in real estate laws regarding how and to whom to sell a piece of property due to the number of foreclosures on the rise nationwide in 2008 and 2009.

As a real estate investor or attorney, you need to know what changes to Michigan real estate law may arise, and the current interpretations of those laws, in order to perform your job successfully and within the confines of the law. There are several ways to stay informed of Michigan real property law news and trends, including:

1. Many attorneys write blogs about the application of Michigan real property law.

2. Updated publications and newsletters regarding property law in Michigan can be very helpful.

3. Consider membership in a real estate club in order to openly discuss real estate laws in MI.

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Read blog posts regarding Michigan property laws

Most attorneys chose their career path in order to help others protect their rights. Attorneys who practice property law in MI are no exception. You will find several real estate attorneys willing to provide regular insight and advice for real estate investors regarding the laws that govern their business practices. Consider subscribing to a real estate attorney's blog -- you never know what golden nugget you may find.

I recommend: The Real Estate Law in Michigan blog, courtesy of Chris Williams of the law firm of Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, is one of the most highly regarded in the state. Another option is the Michigan Foreclosure Report.

Monitor publications for changes to real estate laws in Michigan

It's a good idea to periodically visit the website containing all of the statutes and provisions regarding real estate laws in Michigan to look for any new regulations or changes to the old laws. These sites typically see updates a few times a year, depending on what changes occur. Also, look for publications or newsletters produced by state offices, because they should always note any changes made to the law.

I recommend: Chapters 554 to 570 of the Michigan Compiled Laws, provided by the Michigan Legislature, covers real estate laws. Subscribe to or access archives for the Michigan Real Property Review, a publication provided by the State Bar of Michigan.

Join a club to discuss Michigan real estate law with your peers

There are several real estate clubs available in the Michigan area. For the most part, these clubs gear toward real estate investors and brokers. Becoming a part of one such club will give you the opportunity to discuss news and trends in Michigan real property laws and how they affect fluctuations in the market, among many other things.

I recommend: REIClub provides a list of the available real estate clubs in Michigan, such as REIA of Macomb, which provides an interactive blog for its members to discuss real estate issues online, including the laws.