Q & A: Real estate purchase and zoning laws: can the township authority make me do this?

Q: My mom has some acreage (not much, actually, less than ten acres). She wants to sell me a parcel of her property so that I can build on it. I live in a crummy area, there's a lot of drug dealers around me. I want to build on that land I'm buying from my mom, and bring my kids to that school district too, which is better for everyone. The land has always been in our family, and probably always will be. The problem is that it is zoned agricultural. I have also heard that the township won't let land be parceled smaller than 8 acres in that area. Can the township authority do that, stop me from building because it's zoning it that way? Can they stop my mom from selling to me based on the size of the parcel?

A: Probably, the township authority can do that. 
Your questions center on the area of real estate law, specifically zoning, and the validity of zoning laws.
The thing is that governments (in this case, the township authority) is not supposed to interfere with property rights. Property rights loosely means you can use your property (the land your mom wants to sell you will become yours) however you want to use it. This right to use the property usually applies to how it is sold, legally this is referred to as making property "freely alienable," or easily sold, given away, etc. Governments are not supposed to do things that make it hard for you to use or sell your property.

However, since the area is zoned agriculturally, it may present a barrier. The problem is that the zoning law is usually upheld - this means that townships like yours can (usually) show that there's a community interest in keeping things the way they are - if it is zoned as agricultural, it may have to stay agricultural. That is, unless, you can show (through an appeal to the zoning board before the property is sold to you) that the continuance of zoning is unreasonable because there is no possible way for the property to continue as agricultural use.  The best fact you have going for you in this scenario is that the parcel she has already is sort of small (for agricultural use), but does that mean that it wouldn't ever be useful as agricultural again? That's what a zoning board of appeals would have to decide.

Common law marriages in Michigan (Novel notes in the law, part 42)

Q: My niece was living as a girlfriend to this man who passed away last week. He said he wanted to make sure she was "taken care of," while he was going through his last illness. He even told his best friend the same thing. They lived together for 7 years, or maybe more. Now that he's died, his family is kicking her out of their house, and telling her that she should be gone in 14 days. I thought that there was common law marriage in Michigan, so she should be covered as far as "being taken care of," am I right?

A: No, you are wrong. Your niece's situation presents three issues in three areas of law: 1. Family law 2. Probate Law and 3. Landlord/tenant law.

1.  Family Law.
It's a myth that there is any common law marriage in Michigan. It has not been a part of Michigan law for decades. As of 2011, there are only 16 states which recognize common law marriage. Michigan has not recognized common law marriage since 1957, so unless your niece has been with her boyfriend since then (7 years = no), or had the common law marriage recognized in a state which does allow common law, then this relationship will not give her status as next of kin, spouse, etc, as far as having any rights to the estate, or the house, etc.

But: Had the niece actually gotten married to the boyfriend this situation would be totally reversed, as she would most likely inherit the property, have the right to stay in the property, and share in his estate as spouse.

2. Probate Law / Estate Planning.
Telling someone that he wants  to "take care of her" when he is gone is not the same as having created a valid will or trust in Michigan which benefited your niece. The only way to make sure that someone is provided for out of the estate is to place those intentions IN WRITING (I can't emphasize that strongly enough), and observe the proper formalities of writing a will in Michigan (signed by the testator while in the presence of two witnesses). A verbal expression to anyone about how one's assets should be distributed means nothing, I am sorry to say.

3. Landlord/Tenant Law. 
I imagine that there was no lease from the owner of the property to the niece. In that situation, the law would treat the niece most likely as a month-to-month tenant. In that case, the family of the deceased should treat her as if they were the landlord, and give her proper notice as to when she should vacate the premises. This is done under the Summary Proceedings Act, which is designed to quickly restore the property to those who have rightful ownership (more information can be found here ). Most likely, the family of the deceased will need to give a 30-day Notice to Quit to your niece).