fbpx

Attorneys for Land Use,
Property and Business Law

Partners to Religious Organizations, Property Owners and Businesses

Author Archive

Riparian rights, bottomland ownership and underwater trespassing

  • April 30, 2021
  • by Adel Nucho

As a general rule, an owner of an inland lake house in Michigan holds title to the submerged land (the bottomland) to the middle lake.1  And while it is somewhat unusual to think of a trespass on submerged lands, Michigan courts have held that the […]

Read More

Fraud in Real Estate Transactions and “As Is” Clauses

  • February 22, 2021
  • by Adel Nucho

  In Michigan, an “as is” clause in a contract for the sale of a home shields the seller from liability for unknown defects, even if the defect should have been reasonably discovered by conducting an inspection. The Court of Appeals reiterated recently, in Pilcher v. […]

Read More

Alabama’s protection of religious exercise stronger than federal law

  • January 8, 2021
  • by Adel Nucho

  Religious organizations often turn to courts when their freedom of religion is being infringed by the government. Restrictions on the religious exercise of a person or institution come in many forms, unfortunately. The implementation of land use regulations is one of them. Thanks to […]

Read More

Q&A: Nonprofit Corporations and Real Property Ownership

  • December 31, 2020
  • by Adel Nucho

The value of assets in the United States within the nonprofit sector alone was about 6 trillion dollars in 2016 ($5,990,470,000,000.00 to be exact!), according to the National Center for Charitable Statistics. Real property (like land and buildings) is considered an asset, and it is […]

Read More

Using “acquiescence” to establish boundary lines

  • December 20, 2020
  • by Adel Nucho

  Disagreements between owners of neighboring properties often arise over boundary lines. Boundary lines are usually established by getting a survey of the legal description contained in a deed. And a survey could actually prove that the line—which the owners treated as the true line—is […]

Read More

Homeowners’ attempt to declare foreclosure proceeding untimely fails

  • November 27, 2020
  • by Adel Nucho

  Most if not all mortgage agreements contain a debt acceleration clause. That clause allows the bank to declare the entire balance due upon the occurrence of an event—like the failure to make a payment. In Akouri v. Comerica Bank, one of the questions addressed […]

Read More

Court awards money to prevent injustice

  • November 6, 2020
  • by Adel Nucho

Have you ever done something that benefits another person with the expectation that you will get something in return? Sometimes, unfortunately, even when the other person is aware of your expectations, he or she does not follow through. What remedies do you have? Courts will […]

Read More

Lakefront property owner wins disputed strip of land

  • August 7, 2020
  • by Adel Nucho

Michigan courts once again shines the spotlight on the significance of a plat in lakefront property disputes. The case of Saunders v. Rhodes (decided June 18, 2020) started with a dispute between two property owners over a strip of land abutting Chippewa Lake, in Mecosta […]

Read More

Rethinking contract negotiations and promises in a pandemic

  • August 3, 2020
  • by Adel Nucho

Many individuals and entities learned it the hard way: events with a superior strength (force majeure)—like a health pandemic—must be accounted for in service contracts. Let’s face it, we all know that deadly infectious diseases and viruses exist in this world. But very few can honestly […]

Read More

Why you should assert your rights immediately

  • June 29, 2020
  • by Adel Nucho

  A recent riparian rights decision by the Court of Appeals of Michigan shows the importance of speaking up when you believe your neighbor is encroaching on your property. In White v. Ochalek, the parties owned adjacent waterfront properties on Hubbard Lake. Their deeds provide […]

Read More
About Us

logo

The attorneys of Dalton & Tomich, PLC have the experience and the knowledge to work with you to develop a legal solution that helps accomplish your goals. Our collaborative approach has helped leaders like you grow businesses and banks, develop and expand churches, and build nonprofit organizations nationwide.