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One Court of Justice Blog

Mar 2018
March 21, 2018

MSC rules that prescriptive easements vest automatically and “run with the land” to future parcel owners

A prescriptive easement arises in a manner similar to adverse possession—after 15 years of open, continuous, notorious, and adverse use.  In the landmark decision of Marlette Auto Wash, LLC v. Van Dyke SC Properties, LLC, No. 153979, the Michigan Supreme Court put to rest all doubts that a prescriptive easement vests automatically after 15 years, regardless of whether the adverse user ever took legal action to claim the easement.  Once the 15 years has run, the easement vests and then runs with the land, like any express easement, even if it is not mentioned in any deed or reflected in the chain of title.

Dec 2017
December 07, 2017

COA: A Petitioner is entitled to a Principal Residence Exemption even if the subject property is rented for more than 14 days in a year

In Rentschler v. Township of Melrose, No. 33633, the Court of Appeals addressed the issue of whether an individual is entitled to a Principal Residence Exemption (PRE) even though the individual rented the residence for over 14 days in a year. Specifically the court addressed whether the provision of the Michigan Department of Treasury Guidelines for the Principal Resident Exemption program (PRE guidelines) relied on by the Tax Tribunal in denying the petitioner’s PRE was consistent with General Property Tax Act (“GPTA”). The Court of Appeals held it was not.

May 2017
Dec 2016
December 15, 2016

COA determines that the actual water's edge is the boundary of a critical dune area

In Port Sheldon Beach Association v. Department of Environmental Equality, No. 328483, the Michigan Court of Appeals held that the lakeward boundary of a critical dune area (“CDA”) located in Port Sheldon Township extends to the water’s edge, thereby subjecting the boundary to the Sand Dune Protection and Management Act (“SDPMA”).

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