In Michigan, when a developer creates a condominium, the developer is required to record a master deed. Pursuant to MCL 559.108, the master deed and condominium subdivision plan must identify the total number of units in the project and assign a percentage of value to each unit. However, the initial configuration of the condominium is not set in stone. MCL 559.106(4) defines an expandable condominium as “…a condominium project to which additional land may be added in accordance with [the Michigan Condominium Act].” MCL 559.132 allows for a condominium to be expanded and allows for additional units to be added to a condominium, provided that certain requirements are met. As will be discussed below, the Michigan Condominium Act clearly sets …show more content…
The description shall be a legal description by metes and bounds or by reference to subdivided land unless the land to be added can be otherwise specifically described. (e) A statement as to whether, if any of the additional land is added to the condominium project, all of it or any particular portion of it must be added, and if not, a statement of any limitations as to what portions may be added. (f) A statement as to whether portions of the additional land may be added to the condominium project at different times, together with appropriate restrictions fixing the boundaries of those portions by legal descriptions setting forth the metes and bounds of the land and regulating the order in which they may be added to the condominium project. If the order in which portions of the additional land may be added is not restricted, a statement shall be included that the restrictions do not exist. (g) A statement of the specific restrictions, if any, as to the locations of any improvements that may be made on any portions of the additional land added to the condominium …show more content…
(l) A statement of any restrictions as to the types of condominium units that may be created on the additional land. (m) A description of the developer's reserved right, if any, to create limited common elements within any portion of the original condominium project or additional land added to the condominium project and to designate common elements which may subsequently be assigned as limited common elements. (n) A statement as to whether the condominium project shall be expanded by a series of successive amendments to the master deed, each adding additional land to the condominium project as then constituted, or whether a series of separate condominium projects shall be created within the additional land area, all or some of which shall then be merged into an expanded condominium project or projects by the ultimate recordation of a consolidating master deed. (o) A description of the developer's reserved right, if any, to create easements within any portion of the original condominium project for the benefit of land outside the condominium
... discussed within the scope of this paper but can be found in parts 3745-81-80 to 3745-81-90 of the Administrative Code (OEPA, n.d).
Roder, David, and Spielman, Fran. “Condo, town houses planned near Cabrini-Green.” Chicago Sun Times. 30 May 2002.
More importantly, they strongly recommended me not to reveal the purpose of using this property. This was because of some reasons. Firstly, if the intended use of the Bullard Houses of my client was disclosed, it would lead to a rise of the price of this property as well as other sites. Secondly, the Bullard property was zoned for mixed residential and commercial use. However, my client wanted to use this site for a high rise commercial purpose only, they did not have any interest in residential or non-hotel purposes. Therefore, given the assumption that the client could get the Bullard Houses, the client needed to convince the Zoning Board to accept changing this landmark into high rise commercial use. For this reason, it was important to not reveal the purpose of building the hotel because that could increase the external objections that could influence the Board’s decision on the rezoning proposal of my client even when my client successfully got the site.
Distinction between the zoning categories is their capacity to host multiple households. Apartments have the most capacity, whereas residential detached properties have the least. Traditionally, (RD) has been designed to host single families. Properties on these sites may include granny suites and backdoor entrances into the basement, however, they were not intended to facilitate renting to non-family tenants. This is illustrated in 1999, where in response to low vacancy rates, City council adopted a motion to lift the tenant ban by applying Official Plan and zoning by-law amendments which permits tenantable second suites in single and semi-detached houses throughout the City (City of Toronto, 1999). Criticism of this motion by councilors and
The Nollans had been leasing a property on the California coast with which they had an option to buy. The property lies directly at the foot of the Pacific Ocean and is a prime piece of real estate on the California Coast. The property had been used by the Nollans to rent out during the summer months to vacationers. At the end of the Nollans’ lease they took the option to purchase the land and began preparing for the terms of purchase by the previous land owner. Among those terms was the demolishing of the small deteriorating bungalow that the Nollans had been leasing. The Nollans had planned to expand the structure from the small bungalow that it was to a three bedroom house more complimentary to the surrounding homes and their needs. In order to begin destruction of the property and begin rebuilding the site the Nollans had to secure a permit from the California Coastal Commission. Upon submitting the permit application, the CCC found that the permit should be granted on the condition that the Nollans provide public access to the beach and to the local county park, which lay adjacent to the property. This provision called for the Nollans to use a portion of thei...
B) Implied easements are often sought in litigation when there is no apparent right-of-way to a land locked parcel.
The 2nd characteristic is “the easement must accommodate the DT leading to benefit the DT and to be connected with its enjoyment”. A personal privilege or commercial advantage, with an intention to benefit the owner of DT that is not connected with the occupation of the land; will not be defined as an easeme...
Leasehold estates have four categories: estate for years, estate from year to year referred as to estate from period to period, tenancy at will, and tenancy by sufferance referred to holderover tenant. Estate for years can be a residential lease because it can continue for a definite period of time, if it more than for one year it recognized as a commercial or industrial lease. Estates from year to year, if a tenant maintains the possession of the property after their years are up and the tenet continue to own the property and pay rent. Real estate rights that can be own by one or more people considers to be co-ownership or co-owners. Co-ownership consists of joint tenancy, tenancy in common, tenancy by the entirety, and community property. Another right called nonpossessionary rights consists of easements and liens.
7.1 General. This work shall consist of repairing, rebuilding, replacing, protecting, constructing or reconstruction of any surface or subsurface improvements which are not specified in the Construction Documents provided such work is separately authorized by the
JaceyWongL.C, 2012. Land Law - Leases. Dear Samantha S [blog] 5 May. Available at: http://theladyj2nd.blogspot.co.uk/2012/05/land-law-leases.html [accessed 8 May 2014]
Specified areas zoned for industrial activity in which infrastructure such as roads, power and other utility services are provided to facilitate the growth of industries. The industrial estates should include at least two of the common features i.e. geographically delimited area, can be physically secured; provision of high quality infrastructure facilities; single management or administration; and separate customs area and streamlined procedures .
The backbone of planning control is s.57 (1) of the Town and Country Planning Act 1990 , which states, “planning permission is required for the carrying out of any development of land.” S.55(1) TCPA 1990 provides us with the statutory definition of ‘development’, “the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.” In order to decide whether to allow such development the decision-maker must have regard to s. 70(2) TCPA 1990, which states, “the authority shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations.” The status of plans was enhanced by s.54A of the TCPA 1990 , now repealed by s.38(6) Planning and Compulsory Purchase Act 2004, which states, “determination [of an application] must be made in accordance with the plan unless material considerations indicate otherwise.” Material considerations are numerous and varied. As stated in Stringer v Minister of Housing and Local Government, “any consideration which relates to the use and development of land is capable of being a planning consideration.” National planning policy is a particularly important material consideration. A decision-maker has discretion to weigh all factors before as he sees fit, although a decision is challengeable if he fails to take a relevant factor int...
This chapter points out the peculiarity of this asset type in comparison to all the other asset types and traces out the advantages and opportunities investors face regarding real estate. Advantages investors have in terms of real estate investments are only discussed briefly, because explaining every opportunity in detail would go beyond the scope of this paper. Since real estate consists of a variety of real estate and is considered by definition as ’idiosyncratic’ and ‘unique’ . Furthermore, it should be noted that certain opportunities have meet the investor’s needs. Therefore the determination of many advantages must be considered in relation with the possible risks, so the final result is in line with the requirements of the investor. This means, that the opportunity for an investor is not in any case appropriate for a different
Also, land management needs reliable information about the existing land and its resources and about the legal situation of these items and programmes. (Kaufmann, 2003)
The real estate can provide owners with a positive income through tenant’s contributions for the flat and can make losses as well. The value of the real estate depends on several factors, those are the demand, supply, specifics of the real estate and process of transferring rights. Under the meaning of demand lies the readiness and ability of society to buy or rent a real estate. Supply includes all the possible real estates which people can buy or rent. Specifics of the real estate includes the location of the real estate and the process of transferring rights contains of bringing the real estate to the market and the negotiations of conditions of the sell or rent contract. According to Kahr and Thomsett (2005, pp. 37-41) the location of the real estate is valued on different levels. It means that the location is divided into countries, districts, cities and towns. Further the value of the real estate depends on the buildings and infrastructures which are nearby. Francis and Ruskuls and Roze (2000, p. 32) stressed out that in Latvia the real estate can be purchased either by inhabitants of Latvia or by any foreign