Summer 2021

Volume 48, Nos. 1-2

FEATURE ARTICLES

By Matthew W. Heron and Kayleigh B. Long

In Michigan, restrictive covenants and building and use restrictions have been used over the past century to guide and control the development of subdivisions, condominiums, and unplatted developments. Michigan jurisprudence views these concepts as valuable property rights held by the owners of the land within the community who are benefitted by the covenants and restrictions. Michigan law requires these covenants and restrictions to be observed and followed by a property owner, even in instances where no specific covenant or restriction appears in their chain of title, so long as the covenants and restrictions at issue arise from a common grantor and evidence an intent of a common scheme or plan across an entire tract of land

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By Gregory J. Gamalski

Hemp and marijuana both come from the cannabis sativa plant but as a result of the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”), cannabis sativa with a THC content of less than 0.3% was removed from the federal controlled substance definition of "marijuana" and was classified as "hemp.” The plant has been used since colonial times and even earlier for a variety of industrial and agricultural purposes, including for fibers such as those used in rope and cordage, fabric, oil from its seeds, building material, and even as a biofuel. Of late, chemical byproducts of hemp, mainly the non-psychoactive substance known as CBD, are offered and sold as medications and food supplements by national retail chains. Furthermore, hemp seeds are now processed as food additives, baking flour, protein supplements, and other nutritional uses. All of this is allowed on the generally sound assumption that the psychoactive properties of legalized hemp are below effective psychoactive levels. Hemp THC content cannot be more than 0.3% by dry weight.

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By Bradley Lambert

Residential house sales continue, and by some reports are more active than ever, despite the COVID-19 pandemic. As a result, owners selling their house must confront the potential legal liability that could arise from the presence of COVID-19 within their home. For their part, Buyers must remain wary of the potential risks of exposure to COVID-19 while in the process of purchasing a house.

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By Robert Mattler

The Michigan Property Assessed Clean Energy Act was passed by Governor Granholm in 2010. This public-private economic development law endeavors to: (1) mitigate the barriers to improving building performance; (2) lower carbon emissions from buildings; and (3) improve the building stock of new and existing buildings in an uncertain and unpredictable future climate. Its adoption by Michigan property owners and local jurisdictions has been slow but growing over the decade since it was first enacted. This mirrors national trends and begs the question of whether property assessed clean energy (PACE) will be a passing fad or a valuable financing tool for Michigan property owners.

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COLUMNS

Real Property Law Academy I

The Real Property Law Academy I took place virtually over four consecutive days during May 2021.  Some of the most respected and experienced real estate attorneys in Michigan, all experts in their fields, taught at the Academy.  Academy I is designed to provide a basic understanding of the fundamental aspects of real estate practice in Michigan.  It was targeted to real estate attorneys and others who may encounter real estate issues from time to time.  The program was a success, with nearly 100 attorneys attending.  The Real Property Law Section is planning for Academy II to take place during 2022.

COLUMNS

By Lorri B. King

It has been my privilege and honor to serve as the Chair of the Real Property Law Section for 2020-2021. The past twelve months presented the Section with some unique challenges, particularly in light of the uncertainty caused by restrictions imposed due to Covid 19. However, through the efforts of our dedicated CLE Chair, Jason Long, and the CLE Committee, the Council, Standing Committee Chairs, Special Committee Co-Chairs, and our amazing Administrator, Karen Schwartz, the Section was able to meet the needs of our members and enhance opportunities for members to be involved in the Section. Below is a brief summary of the innovative new programs that the Section implemented this year.

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By Thomas A. Kabel, Butzel Long

One of the primary responsibilities of the Real Property Law Section, as set forth in Article I, Section 2 of the Section’s Bylaws, is:

to promote the fair and just administration of Real Property Law; to study and report upon proposed and necessary legislation, including, but not limited to, pending legislation and drafting and introducing legislation . . . .

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By Thomas A. Kabel, Butzel Long

The Real Property Law Section is active in the judicial process in a variety of ways, such as preparing amicus curiae briefs and monitoring cases of interest to real estate lawyers. This Article provides a periodic report designed to inform Section members about the Section’s efforts to maintain the integrity of the law and to advise Section members about published decisions that may affect real estate practice.

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• All Articles
• Chair's Report
• Condominium
• Construction
• Easements
• Foreclosure
• Judicial Decisions
• Legislation
• Miscellaneous
• Mortgages & Foreclosure
• Residential
• Zoning

Issue Archive Beginning 1974 (for RPLS members only)

Real Property Law Academy II

May 10-11, 2023 in Troy
Michigan State University-Management
Education Center
811 W. Square Lake Rd., Troy
May 10-11, 2023
9:00 a.m.-4:30 p.m.

Register now | Faculty | Program

Summer Conference 2023

July 19-22, 2023
Mission Point, Mackinac Island

Uncertainty permeates today’s real estate environment. Interest rate hikes, supply chain issues, and other disruptors create risks and opportunities in equal measure. When even the Magic Eight Ball cannot provide answers, practitioners who are well-versed in both current development trends and the latest in distressed real estate law will be at a decided advantage. Co-Chairs Scott Lesser of Miller Canfield in Troy and Aileen Leipprandt of Hilger Hammond in Grand Rapids invite all real estate practitioners to meet their colleagues at Mission Point to exchange and explore creative solutions to modern real estate dilemmas and help you maintain an edge—no matter where the market takes us.

Register Now

More Information

Chair
Thomas A. Kabel
e-mail: kabel@butzel.com

Section Administrator
Karen Schwartz
rplsks@gmail.com

Officers & Council Members PDF

Special Committees

Standing Committees