Real Estate & Environmental Law
Our attorneys provide expertise to owners, brokers, agents, developers, and more.
Real Estate Attorneys and Environmental Law
The real estate attorneys in Cunningham Dalman’s Real Estate and Environmental Law Practice Group bring deep expertise to a wide variety of real property and environmental matters, in Holland and throughout the state of Michigan. Dealing in real estate can be complex, what with the seemingly endless web of laws and regulations. We can help you unravel that snarl, to ensure that your real estate holdings are protected and secure.
We help you negotiate transactions, draw up advantageous real estate contracts, and resolve disputes, giving you the best results possible. We also serve as environmental lawyers, doing our utmost to help you deal with environmental problems and avoid liabilities.
Voted Best Law Firm in Holland
Attorney Articles
Celebrating Our Recognition in the 15th Edition of Best Law Firms®
We’re thrilled to share some exciting news—our firm has been recognized in the 15th edition of Best Law Firms®! This
Celebrating Our Firm’s Recognition in Grand Rapids Top Lawyers 2024!
We’re proud to announce that several of our attorneys—Tom Hillegonds, Rob Howard, Haans Mulder, Susan Vroegop, Ron Vander Veen, Brad
Medicaid Planning Seminar – Nov 2024
Cunningham Dalman will be hosting a Medicaid Planning Seminar on Thursday, November 21, 2024, 5:30-7:00 pm. We’ll cover important topics
Estate Planning Seminar – Oct 2024
Cunningham Dalman will be hosting an Estate Planning Seminar on Thursday, October 24, 2024 from 5:30-7:00 pm. We’ll cover important
Do You Need Assistance with Real Estate?
Know Your Options. Our Attorneys can assist with residential, industrial, & commercial properties.
Our Real Estate Law Services
Buying, Selling, and Leasing Real Estate
Our Real Estate and Environmental Law practice provides expertise in residential, commercial, and industrial transactions.
real estate transactionsCondominium Bylaws & Homeowners Associations
Our Real Estate attorneys assist Condo & Homeowner associations across Michigan with amendments, enforcement, collections, and more.
read moreEnvironmental Law & Natural Resources
Our Real Estate team provides expertise in interrupting & understanding the environmental & natural resource laws of Michigan & the Environmental Protection Agency (EPA).
Environmental LawConstruction Law & Development Attorneys
Let our team assist you with zoning & land use issues, planned developments, agreements, easements, eminent domain, and more. We have decades of experience along the lakeshore and across Michigan.
Construction LawWater Access, Beach Rights, & Riparian Rights
Let us help you navigate the complex laws surrounding the great lakes, inland lakes, and waterways in Michigan.
Michigan Access LawsReal Estate Boundary & Title Issues
Boundary and title disputes are common issues for both landowners & businesses. These disputes often occur after a change in ownership or when new development is proposed.
Boundary & TitleProperty Tax Attorney
We have an experienced set of attorneys for assisting homeowners & businesses in understanding property tax assessments.
Property TaxesYour Real Estate Attorney Team is Here!
Know Your Options. Let our team assist you today!Â
residential, industrial, & commercial real estate
Buying, Selling, and Leasing Real Estate
Our attorneys are experienced professionals in assisting you through all aspects of buying, selling, and leasing real estate. We can assist residential agents, buyers, and sellers with minor disputes as well as assist commercial buyers / sellers with complex zoning, permitting, and environmental concerns.
Areas of Expertise:
- Commercial & Industrial - Our team of attorneys are well versed in all aspects of commercial & industrial purchase / sale agreements. Unfortunately, in today's business world, commercial property purchases are high-risk for litigation and it's more important than ever to perform your due diligence related to zoning, land-use, and any potential environmental concerns. These can be expensive matters to handle and could significantly alter the feasibility for your site.
- Residential - Most residential real estate purchases are done without hiring an attorney in Michigan and most will rely solely on the assistance of a real estate agent. Unfortunately, most real estate agents use standard purchase / sell agreements and these don't always address everything you might need. An attorney can review surveys, easements, and environmental concerns with your long-term interests in mind.
- Condominiums - Condominium purchases contain a few surprises if you never lived in one. Most condo developments have a "Condo or Homeowners Association (HOA) which outlines the rules, conditions, and restrictions you must comply with in order to be part of the community. It is important to understand these bylaws and any potential issues before you purchase.
- Cottages & Second Homes - Our attorneys are well versed in assisting clients in purchasing, selling, and transferring cottages & second homes. Michigan state laws continue to change in this area, and we advise clients everyday with the best tax planning structures to ensure future generations can enjoy your investment for years to come. Water access and riparian rights are important details when buying a waterfront property.
- Purchase & Sale Agreements - Purchase and/or Sell agreements need to cover a number of important details to ensure all parties clearly understand the terms. It is important to understand all of the deadlines and how to deal with any problems that may surface.
- Title Review, Inspections, & Due Diligence - All real estate transactions will have a title review, inspections, and a period of time for due diligence. In certain cases, agreements will require special zoning variance approvals or environmental clean-up assessments. Our attorneys are experienced in working with local municipalities and understanding the process and saving businesses time & money.
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Leases - Lease agreements are simply documents designed to outline the rights of both parties. For residential, the lease should be fairly straight forward and focuses on the monthly payment and the responsibilities of both parties.
Commercial leases tend to be more complex and cover multiple years. Businesses will want to understand & carefully evaluate how expenses related to the property are clarified in the lease. Maintenance fees and common areas of the complex should be clearly written into the lease agreement. Lease renewals and renewal rights are important items to consider as well. - Financing - We advise and provide assistance throughout all stages of a commercial lending transaction. We can assist you with structuring a deal, negotiating terms, and preparing loan related documentation.
- Foreclosures - Foreclosure proceedings can occur on both residential and commercial properties. We work with homeowners, businesses, and financial institutions to assist in resolving these matters.
- 1031 Like-Kind Exchanges - In the simplest terms, a "like-kind exchange" is the ability to swap one investment property for another and not paying any capital gains tax or a limited amount. This "tax-deferred" exchange allows you to reinvest your proceeds and defer paying taxes. This is also sometimes referred to as a "Starker exchange", named after an individual who won an initial case in court.
- Easements - Easements are common today in most types of property and could be drainage, utility, solar, conservation, right-of-way, and many others. In Michigan, easements can be classified as an easement by necessity, easements by prescription, express easements, and easements by implication. Easement disputes are one of the most common disputes we see and our experienced team is ready to assist.
- Land Divisions - The Michigan Land Division Act (previously known as the Subdivision Control Act), is what regulates the process of separating parcels into two or smaller pieces of property. This statue also administers how subdivision lots are created.
real estate attorneys for condos & neighborhood communities
Condo Bylaws & Homeowners Associations
Our attorneys routinely assist Condo Associations and Homeowner Associations with amending mastering deeds, litigation, collecting assessments / fines, enforcing bylaws, and more. We have numerous years of experience in these areas and can assist in resolving complex legal issues.
Common Areas We Assist In:
- General Counsel - Our real estate practice group routinely assists homeowner & condo associations as general counsel and we handle all legal matters for them.
- Amendments - Our team assists associations in drafting up amendments and ensuring everything is done according to Michigan law and approvals follow any necessary quorum requirements.
- Enforcement - At times, condo and/or homeowner associations will be forced to file a lawsuit to comply with the Master Deed and/or the Bylaws established. Our attorneys assist in ensuring the board of directors enforces the rules in a uniform manner and follows the protocols for communicating violations.
- Collections - Associations may have to enlist our services to assist in collecting association fees and fines administered by the condo / homeowners association.
protecting environment & business
Environmental Law & Natural Resources
In today’s business environment, Environmental and Natural Resources law affects many of the business transactions in West Michigan. This area of law is complex and our environmental attorneys represent municipalities, non-profits, farmers, small & large businesses, manufacturers, and other public institutions in a number of ways.
Areas of Environmental & Natural Resources expertise:
- Permitting - Environmental permits are an important matter for all businesses & individuals today. We assist clients in obtaining any necessary permits for sand dunes, wetlands, floodplains, docks, and dredging.
- Contaminations - We can assist in providing legal oversight into an environmental investigation of a property and dealing with contamination and/or environmental cleanup projects.
- Brownfield Protections - Brownfield redevelopment projects can be complex in nature and may require multiple legal practice areas to be involved. We have experience working with local, state, and federal agencies.
- Wetlands - Michigan law (Part 303) defines wetlands as "land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh." We assist clients in West Michigan in understanding any wetland mitigation that may be required.
- Floodplains - Floodplains in Michigan are protected & regulated by many of the same federal and state laws for our wetlands. Our attorneys work with environmental specialists such as coastal geologists, wildlife scientists, biologists, and other professionals to assist our clients.
- Sand Dunes - Our attorneys can assist you with real estate transactions involving critical dune areas. It's important for buyers to understand the legal process for any development, improvement, or construction in these areas.
- High Risk Erosion Areas - The Michigan Department of Environmental Quality has rules related to properties designated as being in "high risk erosion areas". You should fully understand the term "readily moveable" and where the 30 & 60 year lines have been drawn. These can significantly impact future plans you may have.
- Oil, Gas, & Minerals - Our real estate attorneys can assist with litigation and regulatory actions under Michigan's oil, gas, and mineral development programs. We assist with assignments, deeds, transfers, mineral title opinions, leases, severed mineral claims, and more.
economic development
Construction Law & Development Attorneys
Our team of attorneys assist builders, developers, and contractors with legal matters in construction. We represent property owners, small & large companies, & individuals in all aspects of construction projects (pre-project, active construction, and post-project).
Common Construction Law & Development Areas:
- Zoning and Land Use - This includes planned unit developments (PUDs), special uses, variances, and conditional rezoning.
- Construction Agreements
- Construction Liens & Waivers
- Land Divisions, Platting, and Condominium Development
- Easements
- Condemnation, Eminent Domain, and Michigan Takings
- Road Law
- Construction Law
understanding michigan property law
Michigan Laws on Water Access, Beach Rights & Riparian Rights
If you own or plan to inherit / buy a piece of property near a Michigan waterbody or inland lake, you may find yourself in a dispute over water access rights and/or Riparian Property Rights. Riparian Land is defined as a “parcel of property which is bounded by, or includes therein, a natural watercourse. Water access, beach access, and riparian property rights can be complex issues and we are here to assist you.
Common Topics of Interest:
- Riparian Rights - These rights define how landowners can use a parcel of land which is bound by, or includes a natural waterway. These address rights to erect docks, moor boats overnight, and consumption use of water to name just a few.
- Water Access Rights - Michigan law categorizes a body of water as either "navigable" or "non-navigable". In most cases, the public can access a navigable body of water.
- Beach Access Rights in Michigan - In Michigan, lakefront property owners cannot restrict the public from walking in the public trust section of the beach. This does not give the public the right to trespass private property to gain access to the beach.
disputes over property boundaries & title concerns
Real Estate Boundary & Title Issues
Disputes regarding boundary lines can be a complex area of real estate law in Michigan and it’s best to have experienced attorneys working on your behalf. Michigan law recognizes three kinds of “acquiescence” or “vis-a-vis” boundary lines.
Common Terms:
- Boundary by Acquiescence - Property owners accept the actual boundary to be where it's been recognized over at least fifteen years. This could a fence, railing, or row of trees accepted & recognized as the boundary over a 15-20 year timeframe.
- Adverse Possession - In Michigan, it's possible for someone to become the legal owner of a parcel of land they have occupied for at least 15 years.
- Legal Land Descriptions - Property descriptions and reading right-of-way, easements, and other types of land use information can be confusing. Our attorneys are well versed in Michigan real estate law and environmental / natural resources law.
- Title Issues - Our real estate attorneys can assist with slander of title, tax sales, fraudulent deeds, lien removal, quiet title litigation and more.
property tax assessments & assessment appeals
Property Tax Attorney
Our attorneys at Cunningham Dalman are experienced in understanding property tax assessments, formulating appeals, researching potential tax exemptions, and ensuring proper estate planning is performed to avoid unnecessary taxes on family cottages.
Common Types of Assistance:
- Property Tax Exemptions - Our attorneys assist with property tax exemptions for individual programs such as: "Air Pollution Control", "Charitable Non-Profit Housing", "Commercial Facilities", "Commercial Rehabilitation", "Disabled Veterans", "Neighborhood Enterprise Zones", and more.
- Uncapping - Michigan law allows some exceptions to the uncapping rules for property transfers. Our attorneys are excellent in assisting Michigan families plan transitions of the family cottage.
- Tax Appeals - Property taxes are calculated using a tax rate and what a local assessor believes is the current market value of your property. Assessors make assumptions over the years and can get specific details incorrect which affect the assessment. Our attorneys are experienced with the tax appeal process and the most effective ways of presenting your case.
- Incentives, Act 198, and Brownfield Redevelopment
Real Estate Law FAQ
Most frequent questions and answers
We certainly think there are benefits to hiring an attorney for buying or selling property. Your private attorney will look out for your best interest in all aspects. Your attorney is being paid by you and represents you only. He or she isn’t being paid a real estate commission or working on behalf of the mortgage lender or title company.
Purchase agreements should include specific financing terms, seller assistance on closing costs, home inspection contingency, full disclosure on fixtures & appliances included in the sale, closing dates, and a contingency for selling your existing home.
Cunningham Dalman has extensive experience assisting homeowners and businesses with real estate transactions.
