Michigan Real Property Law Key Terms

Learn some important terms to assist you in understanding real property law in Michigan

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.

 

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.
Try: 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.
Try: 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.
Try: 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.
Try: 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.
Try: 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.
Try: 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.

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