Do You Need a Lawyer to Buy or Sell Land in Michigan in 2026?

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Do You Need a Lawyer to Buy or Sell Land in Michigan in 2026?
By

Bart Waldon

Buying or selling land in Michigan can look simple on paper, but the details quickly get complex once you factor in title history, zoning, access, taxes, environmental issues, and local rules. Michigan is a big, diverse market: the state covers 56,538.90 square miles according to Wikipedia - List of municipalities in Michigan (citing 2020 Census), and it’s governed locally through 1,773 municipalities across 83 counties per Wikipedia - List of municipalities in Michigan (citing 2020 Census). That patchwork alone is a strong reason many buyers and sellers bring in a Michigan real estate attorney—especially for vacant land.

Demand dynamics also matter. Michigan’s population was estimated at 10,140,459 in 2024 according to Encyclopædia Britannica. As of July 1, 2025, the population was estimated at 10,127,884, an increase of 27,922 people (0.3%) from July 2024, according to the Michigan Department of Technology, Management & Budget. Over the four-year period from 2021 to 2025, Michigan’s population increased by 85,522 people (0.9%), per the Michigan Department of Technology, Management & Budget, and the state ranked 18th among states in numerical population growth and 35th in percent growth from 2024 to 2025, also according to the Michigan Department of Technology, Management & Budget. Even modest shifts in population can change land use pressure, development patterns, and zoning enforcement in specific counties.

Michigan’s water-driven economy adds another layer. The state has 3,200 miles of shoreline along the Great Lakes, and the Great Lakes have 94,000 square miles of surface area, according to the Michigan Department of Environment, Great Lakes, and Energy (EGLE). The Great Lakes watershed has 35 million residents, per EGLE, and Michigan’s maritime economy is valued at $15 billion per year, according to EGLE. If your land touches waterways, wetlands, coastal zones, or access corridors, legal oversight can help you avoid expensive surprises.

Buyers Benefit from Real Estate Attorneys Vetting the Fine Print in Michigan Land Purchases

Whether you’re buying recreational acreage, a future homesite, hunting land, timber ground, or a long-term land bank, an experienced Michigan real estate attorney can tighten your due diligence and protect your investment before you close.

Title Review

A title search doesn’t just confirm the seller’s name on a deed. An attorney can identify liens, judgments, unpaid taxes, breaks in the chain of title, or prior conveyances that can trigger delays—or worse, litigation—after closing.

Easement and Access Verification

Vacant land is only as usable as its legal access. Attorneys verify recorded easements, road frontage, ingress/egress rights, utility corridors, and restrictions that may limit building locations, driveway placement, or future development.

Boundary and Acreage Confirmation

Marketing descriptions don’t replace a current survey. Your attorney can coordinate survey review and ensure legal descriptions match what you believe you’re buying—especially important in rural areas where fences, tree lines, and historic usage don’t always match recorded boundaries.

Zoning, Land Use, and Buildability

Because Michigan includes 1,773 municipalities across 83 counties (per Wikipedia - List of municipalities in Michigan (citing 2020 Census)), zoning rules and permitting expectations vary dramatically from one township or city to the next. An attorney can interpret local zoning, setbacks, minimum frontage, split rights, and special restrictions (including shoreline-related considerations) before you commit.

Purchase Agreement Drafting and Negotiation

Attorneys tailor purchase agreements to the realities of vacant land: inspection windows, survey and title contingencies, well/septic due diligence, access verification, mineral rights, and remedies if defects appear. That structure keeps you from overpaying for property that can’t support your goals.

Sellers Gain Advantages from Michigan Land Attorneys Throughout the Sales Process

Selling family farmland, recreational property, or inherited acreage often involves more than signing a deed. A Michigan real estate attorney helps you reduce risk, document disclosures appropriately, and close with confidence.

Pricing and Deal Structure Support

While agents and appraisers often lead pricing, attorneys help structure terms that protect you—especially if the deal includes unusual contingencies, parcel splits, reserved rights, or seller concessions that affect your net proceeds.

Tax Implications and Planning

Major land sales can trigger capital gains questions, estate planning issues, or opportunities like a 1031 exchange (when eligible). Attorneys coordinate with your tax professionals so you don’t discover preventable liabilities after the closing statement is final.

Buyer Qualification and Seller Financing Protection

If you offer land contract terms or other owner-financing, your attorney can vet the structure, draft enforceable documents, and help reduce default risk through clear remedies, insurance requirements, and recording strategy.

Title Insurance and Clean Transfer

Michigan land can carry legacy issues—old easements, prior splits, outdated legal descriptions, or probate-related defects. Attorneys help clear clouds, coordinate corrective instruments, and align title insurance requirements so the buyer can close without last-minute complications.

Closing Coordination and Recording

From payoff statements and lien releases to deed preparation, transfer tax forms, and recording, attorneys streamline the details that commonly derail vacant-land closings—especially when multiple heirs, trusts, or out-of-state parties are involved.

Additional Legal Duties Michigan Real Estate Attorneys Handle for Landowners

Many landowners work with attorneys beyond a single transaction. Ongoing legal support becomes especially valuable in a state shaped by water resources, infrastructure corridors, and fast-changing local rules.

Property Dispute Resolution

Attorneys resolve boundary conflicts, access disputes, shared well agreements, drainage issues, and easement disagreements before they become lawsuits.

Estate Administration and Heir Transfers

When land passes through probate or trust administration, an attorney can guide deeds, affidavits, tax filings, and dispute resolution so heirs receive clear title—not lingering legal problems.

Entity Formation for Land Ownership

Attorneys form LLCs and other ownership structures to limit liability and simplify future transfers, especially for investment groups or families who co-own parcels.

Conservation Easements and Land Preservation

For owners seeking to preserve wetlands, habitat, shoreline areas, or working landscapes, attorneys draft conservation easements and coordinate incentive-related compliance where applicable.

Development, Infrastructure, and Environmental Compliance

Legal review matters when projects touch wetlands, shoreline areas, road access upgrades, or public utilities. Michigan’s Great Lakes footprint is significant: the state has 3,200 miles of shoreline and sits within a Great Lakes system with 94,000 square miles of surface area, according to EGLE. Because the watershed includes 35 million residents and supports a $15 billion per year maritime economy (per EGLE), permitting and compliance can be strict and highly location-specific.

Should You Hire a Real Estate Attorney to Buy or Sell Land in Michigan?

You don’t always need an attorney for a Michigan land transaction, but many buyers and sellers choose one because the downside risk can be large. Michigan’s scale and local variability—56,538.90 square miles and 1,773 municipalities (per Wikipedia - List of municipalities in Michigan (citing 2020 Census))—means “standard” practices can change quickly from one jurisdiction to another.

When Hiring an Attorney Makes the Most Sense for Buyers

  • You need certainty on acreage and boundaries. A survey-backed review prevents paying for land you don’t legally receive.
  • You plan to build or change land use. Attorneys clarify zoning, access, setbacks, and ordinance constraints that control what you can do.
  • You want protection from hidden title issues. A lawyer can spot liens, easements, and chain-of-title problems early—when you still have leverage.

When Hiring an Attorney Makes the Most Sense for Sellers

  • Your ownership history is complicated. Heirs, older deeds, prior splits, or intra-family transfers often require curative work.
  • You want cleaner closing execution. Attorneys manage documents, releases, and recording so the sale doesn’t stall at the finish line.
  • You need help structuring taxes and terms. Legal guidance (in coordination with your tax advisor) reduces costly mistakes.

When a DIY Approach May Be Reasonable

  • The parcel is straightforward. Clear access, recent survey, clean title, and a conventional cash deal reduce complexity.
  • You’re comfortable with records and deadlines. You can research public records, review title commitments, and coordinate a closing agent.
  • You still use safeguards. Title insurance and written contingencies can protect you, but they don’t replace legal judgment in complex situations.

Final Thoughts

Michigan land deals sit at the intersection of local governance, population trends, and Great Lakes-driven economic activity. The state’s population was estimated at 10,127,884 as of July 1, 2025—up 27,922 people (0.3%) from July 2024—according to the Michigan Department of Technology, Management & Budget. Over 2021–2025, Michigan added 85,522 people (0.9%) (per Michigan Department of Technology, Management & Budget), and ranked 18th in numerical growth and 35th in percent growth from 2024 to 2025 (also per Michigan Department of Technology, Management & Budget). Add in the complexity of 1,773 municipalities across 83 counties and the Great Lakes context—3,200 miles of shoreline and a $15 billion per year maritime economy, according to EGLE—and it becomes clear why many buyers and sellers see attorney support as a practical investment.

If your transaction involves unclear access, development plans, waterfront or wetland concerns, multiple owners, probate history, seller financing, or any uncertainty about what you’re really buying or selling, a Michigan real estate attorney can reduce risk and help you close with fewer surprises.

Frequently Asked Questions (FAQs)

What types of land buyers benefit most from attorney guidance?

Developers, investors, and buyers planning construction or land-use changes benefit most—especially where zoning, access, shoreline rules, or utility extensions could limit the project.

When should land sellers involve an attorney?

Sellers should consider legal help when the title history is complicated (inheritance, trusts, older splits), when offering seller financing, or when they want support managing tax-sensitive deal structure and clean closing documentation.

What parts of a land transaction can buyers and sellers sometimes handle without an attorney?

On a simple parcel with clear access and clean title, parties may handle basic contract steps and rely on a title company for closing and title insurance. However, “simple” often changes once a survey, easement, or zoning issue appears.

What risks can an attorney uncover during due diligence?

Common issues include boundary and acreage disputes, access gaps, restrictive easements, zoning limits, title defects from older transfers, and overlooked obligations tied to the property’s location or prior use.

How do attorneys help sellers protect value?

They reduce preventable closing delays, help clear title issues, structure enforceable terms (especially for owner financing), and coordinate documentation so you transfer the property cleanly and get paid as expected.

Which documents deserve the highest legal scrutiny?

Purchase agreements with special contingencies, seller-financing documents, mineral or timber reservations, easements (including access and utilities), development or subdivision language, and conservation restrictions typically require careful attorney review.

About The Author

Bart Waldon

Bart, co-founder of Land Boss with wife Dallas Waldon, boasts over half a decade in real estate. With 100+ successful land transactions nationwide, his expertise and hands-on approach solidify Land Boss as a leading player in land investment.

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