Attorneys for Land Use,
Property and Business Law

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Easements and Riparian Rights

Michigan Court of Appeals Rules Subdivision Property Owners Do Not Have Riparian Rights

  • January 15, 2019
  • by Lawrence Opalewski

Often, buyers purchase waterfront property assuming they have the right to access and use the water. If the neighbors in the community all agree and acquiesce to the use, the situation may continue for years without issue. However, when neighbor disputes arise, litigation may produce […]

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Court of Appeals Decision Addresses Limitations to Landowners’ Right to Sell, Convey, or Divide Their Property

  • November 28, 2022
  • by Admin

Generally, when you purchase or obtain property, you in turn as the landowner, are able to sell, convey, or divide the property as you please. This is called the “right of alienation.” This right of alienation is usually strictly enforced, especially when a landowner obtains […]

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Easements by Necessity, Do Michigan Courts Require Additional Steps when Purposed for Access to Utilities?

  • September 9, 2022
  • by Admin

A recent unpublished opinion by the Michigan Court of Appeals, Burns v. Romaya,brings to light an issue to be aware of when encountering an easement for utility access under the law of necessity. Generally speaking, utility easements are quite common and permit the entry or […]

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Can You Expand an Easement by Prescription?

  • May 6, 2022
  • by Lawrence Opalewski

Most property owners in Michigan will come across easements at some point. As we know, an easement is the right to use someone else’s property for a specific purpose. Sometimes easements can be overused for purposes that were not originally intended. For example, maybe an […]

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Request for Zoning Board of Appeals Rehearing Does Not Pause Claim of Appeal Time Limit

  • January 14, 2022
  • by Lawrence Opalewski

Parties aggrieved by a land use decision of a local body, such as a zoning board of appeals (ZBA) or a board of trustees, have the option to appeal that decision to the local circuit court. Examples of these decisions include rezonings, special land use […]

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Can someone ice fish on my bottomlands?

  • December 15, 2021
  • by Lawrence Opalewski

As the Michigan weather turns colder and winter settles in, many inland lakes will be freezing over. This means that activities on the lakes will be changing also. Swimming and boating will be over for the season, and winter activities such as ice fishing and […]

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Michigan Court Says Short-Term Rental Isn’t Residential Use

  • November 24, 2021
  • by Lawrence Opalewski

In Michigan, short-term vacation rentals are a hot button issue. Many communities have little-to-no regulation of this use. The state legislature is currently considering a bill to provide protections for short-term rentals. Many neighbors who don’t participate in the rental business cringe when they discover […]

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Awarded for impact and accomplishment, Dalton & Tomich partner Daniel P. Dalton named a Crain’s Detroit Business Notable Real Estate Executive

  • November 15, 2021
  • by Emily

Media Contact: Barbara Fornasiero; EAFocus Communications; barbara@eafocus.com; 248.260.8466 Detroit–November 15, 2021–Detroit-based land use, business, and denominational trust law firm Dalton & Tomich is pleased to announce that Daniel P. Dalton, a founding partner of the firm, has been selected for inclusion in Crain’s Detroit Business’inaugural […]

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Lawrence Opalewski named an Up and Coming Lawyer by Michigan Lawyers Weekly

  • June 15, 2021
  • by Emily

Media Contacts: Barbara Fornasiero, EAFocus Communications; barbara@eafocus.com; 248.260.8466; Daniel Dalton; ddalton@daltontomich.com; 248.229.2329 Detroit—June 14, 2021—Lawrence Opalewski, a zoning, land use, and religious property attorney at Dalton + Tomich, has been named an Up and Coming Lawyer by the legal trade publication Michigan Lawyers Weekly. This […]

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Riparian rights, bottomland ownership and underwater trespassing

  • April 30, 2021
  • by Admin

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 […]

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5 Quick Tips Before Buying Lakefront Property

  • April 9, 2021
  • by Lawrence Opalewski

Buying property on one of Michigan’s many inland lakes is a dream for many. Fishing, swimming, sunset boat rides, and quiet mornings on the water can create priceless memories. However, if a buyer doesn’t do proper due diligence, a dream waterfront property can become a […]

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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.