Archive for the 'All about Real Estate' Category

Jan 06 2009

Searching Michigan Subdivisions

Published by Dave under All about Real Estate

Michigan trailRecently I was asked how to look up a lot in a subdivision on a plat map.  One way is to go to the county office building and pay a visit to the Register of Deeds office. There you could ask for assistance with the plat maps for that county.

The state of Michigan also maintains records of plat maps online that can be searched and viewed from your computer.

The State of Michigan has records of over 66,000 plats on file and the majority of them can be found online. These files go all the way back to 1873. While there is much information online regarding Michigan plats, there may be some information that is not found here.

The process is really pretty easy. You will first be asked to type in the subdivision name. You will then be asked to select the county name from a drop down menu. Then click “Submit”. The subdivision will appear on the screen shortly, depending on the speed of your computer and connection. 

If you do not know the subdivision name, there is an advanced search option. You begin by selecting the county name from the drop down menu. A list of all the subdivisions in that particular county will appear. You may then scroll through the list until you come to the subdivision you are looking for. Click on the subdivision name and the subdivision will come up on your screen.

On the advance search option you are able to enter as much or as little information as you have and search for the subdivision. Having the section number, township and range can be very helpful.  You can whittle the down the length of the list down considerably.

It is always recommended to also review plats at the County Register of Deeds. Looking for additions, corrections, surveyor’s affidavits, court orders, municipal resolutions and ordinances that may have changed the plat in some way.

When reviewing plats at the County Register of Deeds, don’t hesitate to ask questions if there is something you do not understand.

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Dec 23 2008

Furnace Filter Reminder

Published by Dave under All about Real Estate

Dirty FilterIt is so easy to overlook the simple process of changing the filter in your furnace. Filters trap dust, dirt and other partials that can travel through the air. The dirtier the filter becomes, the harder the furnace and the fan have to work. The cleaner the filter, the more efficiently the furnace will operate. At the price of natural gas, propane, or fuel oil, every little thing we do to help the budget makes a difference.

There is a wide range of filters:  Electronic Filters, Metal Filters, Charcoal Air Filters, Electrostatic Filters, all at a wide range of prices.

I like the disposable filters that are relatively cheap. So, for a matter of just a couple of dollars, why not replace them often?  

It is recommended to change them every six weeks during the heating season.

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Dec 10 2008

Taking Title

Published by Dave under All about Real Estate

Michigan SnowYou have decided you are going to buy that waterfront cabin, hunting land or a another property. Now the question will be asked of you, “How are you going to take title?” 

Good question.  Here is a real simple explanation of the options. In Michigan, there are four forms of fee simple ownership.

Estate in Severalty: This is ownership by one person only. Upon the death of this person, the property descends to his or her heirs.

Tenants in Common: This is ownership by two or more people. The interest owned by the tenants in common can be the same per cent or different. Upon the death of one of the tenants of common, their interest in the property would pass to their heirs.

Joint Tenancy: This is ownership by two or more people. Each of the owners must own the exact same percentage of ownership (if there are four joint tenants, each own 25%) and must acquire the ownership at the same time as the other joint tenants. Upon the death of one of the joint tenants, there is an automatic right of survivorship. That means the share of the deceased is divided equally among the surviving owners.

Tenants in Entirety: This is ownership by husband and wife only. Upon the death of either spouse, the ownership of the will belong to the surviving spouse. Each person is said to own 100%

Before making a decision, understand the options clearly and ask questions if you do not.

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Dec 02 2008

Michigan Farm Act

Published by Dave under All about Real Estate

Michigan BarnThinking about buying some land, a home or a cottage near a Michigan farm? Then you need to be aware of the basics of Public act 93 of 1981, the Michigan Farm Act. Michigan farm operations are protected by the law. As with all law, it is lengthy.  Read it for yourself..

In short it states the owners/ operators of a Michigan farm are protected from complaints or lawsuits seeking the have their operations halted due to farm odors, dust or noises which are objectionable. This protection extends to future farm improvements or changes in operations and use of new technology that may become available in the future.

When you are looking at real estate, look around. Who are your neighbors? What are they doing?

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Nov 26 2008

Riparian Rights

Riparian RightsWith its 10,000 lakes, Riparian rights becomes a very complex subject in the state of Michigan. Much confusion has led to several court cases that have tried to define riparian rights for home owners.

If you are a Michigan lakefront or waterfront property owner, riparian rights entitle you to enjoy the waterfront of the lake, river or stream. You are also able to reasonably use and enjoy of the surface waters of the lake, river or stream. That means you can fish, swim and boat on the water. You are able to install a dock (reasonable length) and anchor it to your bottomland. You also have the right to moore a boat to your bottomland.

You are considered to have exclusive rights to use your beach.

Riparian rights belong to the adjacent upland. The Riparian rights are transferred to the new owner of the upland as the property is sold. The Riparian rights cannot be separated from the adjacent land. They are permanently attached.

Waterfront owners have many rights, there are some restrictions.  It is not permissible to place fill material in the lake, river or stream without a permit from the DNR. Nor may you remove or dredge any soils or minerals from the waterfront.

As you may enjoy the riparian rights, you may not restrict the use of the surface waters by the others that have riparian rights to the same body of water.

So, enjoy your waterfront privileges, but exercise these rights in a way that also allow  your neighbors to enjoy their rights.

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Nov 19 2008

Puffery

Published by Dave under All about Real Estate

Puffery Michigan CloudsPuffery is a legal real estate term that refers to making exaggerated claims for promotional purposes. The claims are often more subjective than objective.

Examples of puffery would include statements  like: “Best view of the lake.” or “Greatest lot in the subdivision.”

Most people would not take statements with puffery seriously. Statements like this should just be considered a matter of personal opinion.

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Nov 12 2008

Real Estate Rules, Part Two

Published by Dave under All about Real Estate

Time is of the essence. Do it now!  Let me say it again. Do it now!. A wise old real estate broker find of mine would always want to “do it now”. Whether it was to look at a property, get paperwork completed or signed or whatever the piece of business was, he never was one to wait until tomorrow.

Time is of the essenceIt can be human nature to put things off till tomorrow what can be done today. Violation of this rule of real estate can prove to be hazardous.

 The best example I can share is a real estate broker friend of mine that had a sale pending on a vacant home. The seller, a builder, (no it was not me) delayed the closing on the property due to the busyness of his schedule. It was just plain procrastination. The day of the closing arrived and the hour approached. While on the way to the closing, the broker became very frustrated when traffic was delayed by emergency vehicles. Suddenly, he noticed it the smoke was in the area of the house he was selling. Yes, it was the house he was about to sell that was on fire. Needless to say, this was a closing that did not happen. The seller also discovered he had procrastinated on the issue of getting insurance on the property, so it was not covered.

Having been in the business many years, I have come to recognize the value of getting it done now. I have experienced similar events. The buyer loses their job and no longer qualifies for the mortgage, or sometimes they even get cold feet.  I have also had it that the seller passes away prior to the sale and the heirs discovered he left  no will. These are all examples of what can and does happen.

Do it now, do it today.  We do not know what the future holds.

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Nov 10 2008

Rules of Real Estate

Published by Dave under All about Real Estate

You have probably heard what is sometimes called the “#1 Real Estate Rule” : “Location, Location, Location”. That may be important, but I would like to toss out a couple of mine. A wise old real estate broker find of mine would always suggest, “You have to go and look for yourself.”

SherlockThat would seem simple enough, what’s the big deal? I cannot begin to tell you how many times over the last thirty years that the description of the property given to me has been incorrect.

I would not suggest that people are trying to deceive.  That would be foolish.  You may as well do your best to describe the property the best you can, because people will find out on their own. I would suggest to you that many people just don’t have the facts. They haven’t taken the time to investigate for themselves.

I have had two instances recently that it was very evident that the listing salesperson really had no idea what they were listing. I was told about a property and after asking a few questions, I thought this may have some merit. I received the directions and off I went and drove for a hour and half drive to view the property. After locating the property, I determined that 99.5% was underwater. The property was literally all wetlands and no building site whatsoever. I will leave to your imagination what my response was.

Another instance of this happened a few years ago, before the real estate meltdown, I received a call from the executor of an estate looking to dispose of an older home in the city. She was calling several builders looking to move the property to finalize the estate. Her comments about the property included comments like,  “trashed”, “nothing done to it in several years”, “needing lots of work”, “poor condition”, and “major work needed”. She did not want to drive into the city from the burbs and told me where the key was hidden.

I arrived at the home. I found the home to have a newer roof, updated siding, aluminum storms and screens. I wondered if I was at the right place. The key was hidden in the place she said. The inside was clean and neat, like a grandmother’s house. Yes, it needed a fresh coat of paint and someone to carry out the single bag of trash in the corner of the kitchen, but the home was nothing like she described.

Waterland Living’s real estate rule: You have to go and look for yourself.

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Oct 27 2008

Short Sales

Published by Dave under All about Real Estate

Short salesRecently I wrote a post about foreclosures . Making an offer on a property that is lender owned can be a frustrating experience. You would think with all that you hear in the news, banks would quickly respond to an offer. I recently made on offer on a foreclosed property and  it took six weeks to receive an answer. Yes, six weeks.

Some listings will state that the sale is subject to the approval of the lender. In other words, it is a short sale. A short sale is when prior to a house being forclosured, a lender agrees to accept less than the outstanding balance owing on the mortgage or note. The seller then in turn sells the property and the lender receives all the proceeds of the sale.

 The benefit to the lender is that they do not have to reprocess the property through lengthy and costly court proceedings and then have to remarket the property.The benefit to the home owner is that they avoid having the foreclosure on their credit report. A balance may remain after the property is sold that the borrower is still owed. Sometimes, this deficiency can be forgiven.

Negotiating a short sale is even more difficult to do than simply offering on an existing repossessed home. I take my short sale questions to Joel Zieve from Great Lakes Home Solutions, a firm successfully specializing in short sale work. He lists seven misconceptions or mistakes people often make.

One mistake I see people make over and over again in real estate is that they do not do research their decision. In short, they do not do their homework. Whether you are buying, selling, refinancing, or worse yet, finding yourself facing a tough decision on a property you can no longer afford,  always be sure to get all the facts, consult the experts; your attorney, your realtor, your lender and the short sale specialists.

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Oct 20 2008

Know your Lakefront Neighbors

This past week, I stopped to check on a building job. As I walked around the property, out of nowhere, a neighbor came and asked “Can I help you?” He was sincere, and wanted to be of assistance.

This happens frequently, but there are two types of those who ask. At times I am annoyed by nosey neighbors. I am on the site to get the job done and I do not appreciate neighbors following me around with millions of questions and solutions to the world’s problems.

On the other hand, concerned neighbors are a good front line of defense against mischievous people who do not have your best interest, or the best interest of your property, at heart.

keyWhen you close up you cottage for the winter, it is good that the year round residents know who you are and are able to keep an eye on your property. It may be a good idea to leave your phone number with that neighbor, just in case. If a tree limb falls on your summer cottage, or a neighbor notices a broken window, it would be better to be notified at the time, rather than finding it when you open up in the spring.

If you are far from the summer home, you may want to consider leaving a key with this neighbor. It may prove useful in case of an emergency.

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