Holland, MI Real Estate Lawyers in Litigation And Transactions

Boundary disputes in Michigan most often arise when neighboring property owners disagree about the exact location of their property lines. These disagreements can stem from inaccurate or outdated surveys, conflicting deed descriptions, encroachments by structures such as fences or decks, and informal arrangements between past owners that were never formally recorded.

Michigan law recognizes several legal doctrines that frequently come into play in these cases. The doctrine of adverse possession allows a party who has openly, continuously, and exclusively used a portion of another person’s land without permission for at least 15 years to potentially claim legal title to that land. Closely related is the doctrine of acquiescence, under which adjoining property owners who have treated a particular line as the boundary for at least 15 years may find that line legally established as the true boundary, even if it differs from the surveyed line. When a legitimate question exists about where the boundary actually falls, a quiet title action may be necessary. In that proceeding, a court determines who holds legal ownership and enters an order in the chain of title to reflect its decision.

For waterfront properties near Holland, boundary disputes carry an additional layer of complexity because underwater property lines do not follow the same rules as upland lines. If you are involved in a boundary dispute, prompt legal attention is important. Allowing an adverse use to continue unchallenged for the statutory period can result in a permanent loss of land.

Zoning laws can significantly affect what you are permitted to build, renovate, or operate on shoreline property near Lake Michigan. In Holland and the surrounding townships, local zoning ordinances establish use classifications, setback requirements, and overlay districts that impose additional or stricter standards on properties in environmentally sensitive areas. A floodplain overlay district, for example, may permit agricultural and recreational uses while prohibiting residential, commercial, or industrial construction in designated flood-risk zones along the lakes, rivers, and streams.

Beyond local zoning, state-level regulations administered by EGLE govern shoreline development more broadly. Activities such as installing shore protection structures, altering dunes, dredging, or placing fill material in or near the water typically require state permits, and certain uses or construction activities affecting critical dune areas or high-risk erosion areas may require a permit from EGLE or the local unit of government. Many Michigan communities with lakes or streams within their jurisdictions have shoreline buffer provisions that apply to new construction, additions, and major landscape changes, and a zoning permit may be required before major projects can begin.

For property owners and developers in the Holland area, navigating the intersection of local zoning, state environmental regulation, and riparian rights law requires careful legal review before any project moves forward. Our attorneys at Herbert Machnik Law Firm advise clients on compliance at every level, from initial due diligence through permit applications and, when necessary, zoning appeals and litigation.

The ordinary high water mark (OHWM) is a legal boundary below which Great Lakes shoreline is subject to public trust rights. Under Michigan law, the public has the right to walk along the Lake Michigan shoreline up to the OHWM without the permission of the abutting property owner. Above that line, the land is generally private. This boundary is not always visually obvious on the ground, and disputes over its precise location can affect property use, development rights, and liability. If you have questions about where the OHWM falls on your parcel or how it affects your plans, an attorney with experience in Great Lakes riparian law can help you evaluate your position before a dispute arises.

While Michigan does not legally require an attorney for every real estate transaction, waterfront property near Lake Michigan or Lake Macatawa presents legal issues that general real estate knowledge alone may not address. The interplay between state law, recorded title documents, riparian rights, EGLE permit history, and Great Lakes-specific legal precedent means that a thorough legal review of the deed, survey, title commitment, and any easement documents is strongly advisable before closing. Properties that have been subdivided may present questions about how riparian rights were allocated among resulting parcels, and some properties marketed as waterfront may be served by a deeded access easement rather than direct riparian ownership. Verifying what you are actually purchasing is an important step that an experienced real estate attorney can assist with.