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Can we file a lis pendens and where do we get the form to do so?

Milan, MI |

our neighbors home is in foreclosure and we have disputes. his home is built on an easement that we have rights to for ingress&egress purposes. we had a survey done and our property line goes well into his backyard. his house is 10' from property line township requires 25'. the township has absolutely no record of site plans or a survey for this property. we have sent letters via certified mail to atty's handling the foreclosed property, the township involved and the realtor listing the property for short sale explaining the problems listed above. the property is scheduled for sheriff's sale 2/25/10. should we file the lis pendens right now or should i say CAN we file a lis pendens right now?

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Attorney answers 1


A notice lis pendens is a notice that a lawsuit has been filed which lawsuit could effect title to the property. There is no specific form of a notice lis pendens but it includes the name and case number of the lawsuit and the legal description of the property that could be effected by the lawsuit. It is recorded with the register of deeds in the county where the property is located.

Your question presents a number of potential issues, including the length of time his house has been on your easement. If it has been there for more than 15 years, he may have acquired title or extinguished the easement by adverse possession. You should consult an attorney as soon as possible because the longer you wait you may have more problems enforcing your rights. You should probably file suit as soon as possible and record the notice of is pendens as soon as possible.

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