Michigan Quitclaim Deed Curing Encroachment

State:
Multi-State
Control #:
US-0607BG
Format:
Word; 
Rich Text
Instant download

Description

An encroachment involves a situation where a property owner violates the property rights of his neighbor by building something on the neighbor's land or by allowing something to hang over onto the neighbor's property. Encroachment can be a problem along property lines when a property owner is not aware of his property boundaries or intentionally chooses to violate his neighbor's boundaries.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In Michigan, the general statute of limitations for filing a quiet title action is 15 years from when the cause of action arose.

In every case where a public highway has been or shall be encroached upon by any fence, building, or other encroachment, the commissioner or commissioners having jurisdiction over the road may make an order under his or their hand requiring the owner or occupant of the land through or by which such highway runs, and of ...

What Is a Quitclaim Deed? A quitclaim deed is a document that transfers ownership of a property from a grantor to a grantee. Unlike covenant or warranty deeds, quitclaim deeds do not ensure a clear title. Having no guarantee means the grantor is not liable for any problems or claims that may arise after the transfer.

Once a quitclaim deed has been signed, delivered, and recorded with the appropriate county recorder's office, it typically cannot be reversed or ?undone? by the grantor (the person who transferred their property interest).

A quitclaim deed can be used to avoid probate by transferring interest in real property before someone's death. This prevents the property from going through probate court because ownership is transferred by deed during the grantor's life, rather than begin transferred by a Will after their death.

Michigan has several statutes that permit challenging a quitclaim deed. For example, challenging a quitclaim deed given by a close family member or a court-ordered sale has a five-year statute of limitations. The statute for bringing a lawsuit based on fraud or on a contract in Michigan is six years.

The quitclaim deed would transfer title from the community or joint property to separate property. A quitclaim deed is legally binding. The transferring spouse eliminates his rights to the property after signing it.

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Michigan Quitclaim Deed Curing Encroachment