Real Estate
Clear Title and Settled Boundaries
When a deed is wrong, an old lien won’t go away, or a neighbor claims your land, the property is hard to sell, finance or use. We work to fix the record so you can move forward.
What We Handle
Title Problems and Line Disputes, Start to Finish
Title is the legal record of who owns a property and what claims sit against it. In Detroit, where many buildings have changed hands many times, that record is often incomplete or wrong. A title company may refuse to insure, a buyer’s lender may walk away, or you may learn that someone else’s name is still on the chain.
Boundary problems are related. A fence, driveway or garage built in the wrong place years ago can become a real claim to land. We look at the deeds, surveys and history, explain what the record shows, and choose the simplest path that actually clears the problem: a corrective document, a negotiated agreement, or a court action when that is what it takes.
- Quiet title actions to establish who owns the property and remove invalid claims.
- Clouded title from missing heirs, old mortgages, liens or deed errors.
- Deed fraud where a forged or fraudulent deed has been recorded.
- Boundary disputes over fences, driveways, encroachments and shared lines.
- Adverse possession and acquiescence claims, made or defended.
- Clearing title before a sale so a closing can go forward.
Common Situations
What Owners Tell Us When They Call
Title and boundary problems usually surface at the worst moment: in the middle of a sale or a refinance.
“The title company won’t insure it.”
The commitment lists exceptions you don’t understand, and the buyer’s lender needs them gone before closing.
“My grandmother’s name is still on the deed.”
The family has lived there for years, but ownership never formally passed to the heirs, and now nobody can sell.
“Someone recorded a deed I never signed.”
A stranger’s name appears on your property records, sometimes with a mortgage attached.
“The new survey moved my line.”
A survey for a sale or a fence shows the boundary somewhere other than where everyone has treated it for decades.
“A lien from years ago is still showing.”
A mortgage was paid off or a contractor’s lien expired, but nothing was ever recorded to release it.
“My neighbor says the driveway is theirs.”
A shared drive, garage or fence has become a dispute, and both sides believe they own the strip.
How We Work
From a Cloudy Record to a Clear One
Review the Record
We read the deeds, title commitment, surveys and recorded documents to see exactly where the problem sits.
Find the Simplest Fix
Some problems close with a recorded release, a corrective deed or a signed agreement. We try those first.
File When Needed
If the other side won’t cooperate or can’t be found, we bring a quiet title or boundary action in circuit court.
Record the Result
The judgment or agreement is recorded so the title company, buyers and lenders can rely on it.
Plain English
How Title and Boundary Law Works in Michigan
What a Quiet Title Action Does
A quiet title action asks a Michigan circuit court to declare who holds which interests in a piece of land. Everyone with a possible claim is named and given notice. When the court enters a judgment, it is recorded with the county register of deeds, and from then on the record reflects the court’s decision. It is the standard tool when a cloud on title cannot be removed by agreement.
Where Clouds on Title Come From
Common sources include owners who died without the property being formally transferred to their heirs, mortgages that were paid but never discharged on the record, old judgment or construction liens, tax foreclosure history, misspelled names and incorrect legal descriptions. Each has its own fix, and the right one depends on what the documents actually say.
Deed Fraud
Vacant and inherited properties are frequent targets for forged deeds. A recorded forgery does not transfer valid ownership, but it does cloud the title until it is removed. Acting quickly matters, because a fraudster may try to sell or borrow against the property. We work to have the fraudulent document set aside and the record corrected.
Adverse Possession and Acquiescence
Michigan recognizes adverse possession: someone who openly and exclusively uses another’s land as their own, without permission and without interruption, for the statutory period (generally fifteen years) can acquire title. Acquiescence is related. When neighbors have treated a line as the boundary for the statutory period, a court may fix the boundary there even if the deeds say otherwise. Both claims turn on the facts, and both can be defended.
What to Watch For
- Read the exceptions in any title commitment, not only the first page.
- Order a current survey before buying, building or installing a fence.
- Make sure paid-off mortgages are actually discharged on the record.
- Respond promptly if a neighbor asserts a claim; delay can weaken your position.
Questions
Title and Boundary FAQ
Do I always need to go to court to clear title?
No. Many problems are fixed with a recorded discharge, a corrective deed or a signed agreement between the parties. Court becomes necessary when someone won’t cooperate, can’t be located, or disputes the claim.
How long does a quiet title action take?
It depends on how many parties must be served, whether anyone contests the case and the court’s schedule. An uncontested case moves faster than a contested one. We’ll give you a realistic estimate once we’ve reviewed the record.
Can my neighbor really take part of my land by using it?
It is possible under Michigan law, but the use must meet strict requirements for the full statutory period, including being open, exclusive, hostile and continuous. Permission defeats a claim. Each case depends on its own facts.
What should I do if I find a deed I didn’t sign?
Get a copy of the recorded document, keep your own records together and contact an attorney promptly. The goal is to stop any further transfer or borrowing and to have the false deed removed from the record.
Who pays for a survey?
Usually the party who orders it, often the buyer in a sale. In a dispute, a current survey from a licensed surveyor is often the first piece of evidence we need.
Does title insurance solve these problems?
Title insurance protects against covered defects, but it does not cover the exceptions listed in the policy. Clearing those exceptions is often the work that has to happen before a sale or refinance.
Related Practices
Other Real Estate Work
Purchase and Sale
Purchase agreements, due diligence and closings for commercial and multifamily property.
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Seller-financed sales drafted carefully, recorded properly and enforced when needed.
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Leasing, landlord counsel, zoning and the rest of our real estate practice.
Learn moreTalk to Kyle
Is a Title or Boundary Problem Holding Up Your Property?
Tell us what the record shows. You’ll hear back from Kyle within one business day.