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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:
- 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).
- 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).
- 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.
Action Steps
The best contacts and resources to help you get it done
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.
Tips & Tactics
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.
Action Steps
The best contacts and resources to help you get it done
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.
