Legal Question in Real Estate Law in Michigan

I own property in Benzie County, Michigan. I have a deed description that differs: feet vs monument (a ravine), the difference, about 400'. How do I go about fixing the deed? In a court of law, would the land monument (the ravine) trump the feet (depth of property measurement)?


Asked on 1/27/10, 4:36 am

1 Answer from Attorneys
Kevin Hirzel Meisner & Associates, P.C.

In Michigan, conflicts in descriptions of property are resolved in the following order: 1. Monuments 2. courses prevail of distances 3. quantity is the least measurable value. I would need to review the deed, but likely the monument would prevail. I would suggest contacting an attorney to resolve the matter. If possible, I would try and work out a solution with the adjoining owner out of court to save both of you money. However, if this is not possible, you will need to file a quiet title action.

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Answered on 2/01/10, 7:08 am


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