Legal Question in Real Estate Law in Michigan

My parents want to give us an approximate 5-acre parcel from their 60-acre parcel which they own free and clear. I know we need to fill out a parcel split form for the township, but which step comes first--the survey to gain a legal description? If they're giving it to us for free, will we need a lawyer? Will this split negatively effect my parents' property taxation seeing as how they've lived there for 45 years?


Asked on 8/21/09, 11:44 am

1 Answer from Attorneys

Brad Aldrich Aldrich Legal Services

The survey is typically the first step. You then use that survey when filling out the appropriate local forms. Each City, Township etc has its own local ordinances that govern the exact procedures. Whenever we are hired for this type of project we always get a copy of the local ordinances. The fact that the conveyance documents will list the purchase price as a $1.00 does not mean that an attorney is not required. Like most legal matters theoretically you can do this without legal counsel but it is not recommended. As for the implications to the dominent property, for an exact opinion I would have to see the local ordinances. There will be two new legal descriptions but whether the Township would claim this is grounds for a reassessment for tax purposes I would not know until I reviewed the local ordinances. Aldrich Legal Services, PLLC specializes in all aspects of real estate law along with Bankruptcy, Probate/Estate Planning and Family Law. If we can be of service to you please visit our website at aldrichlegalservices.com or contact me directly at (734) 404-3000

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Answered on 8/27/09, 1:15 pm


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