False MLS listing of Pier use on Lake of Backlot Homes at Private Park

[jslayter]

Jurisdiction

Michigan

Our Michigan MLS Listing says:
3 BD 2 BA, 2,064-sq-ft year-round brick home on a 1/3-acre lot with fenced backyard on a quiet dead-end street. Includes your own pier on the 76-ft deeded access lot on Long Lake just across the street. Main level: living room, kitchen w/eating area, master bedroom, 2nd bedroom & bath. Downstairs: large rec room, a living area w/covered patio access, bedroom area, bath & laundry .. all new vinyl plank flooring, R/O drinking water system. Spacious carport, underground sprinklers. Low property taxes! Best of both worlds -- a private backyard with access to 7 acres of woods behind home for Nature walks plus a pier for water activities on the lake.
There are 2 other backlot homes that have similar wording on the listing.
The Pier is in our subdivision on a private parcel dedicated as a Park. The Plat indicates entire subdivision has "use".
A evil neighbor on the Lake called into Porter Township and a inspector came out and posted a violation notice
111.803a to remove watercraft and pier. The 3 backlot owners hired a property lawyer to dispute against Porter Township violation. After a month Porter Township lawyer basically said sue us...the violation stands. The pier and boats established in 1992 have been removed and we are deciding whether to sue the township due to cost or may try to represent ourselves or form a association.
Is there action we can take on the realtor or MLS for false listings?

 

[welkin]

It is not really clear what is between the easterly park lot line and the lake. And who owns Long Lake? The deed you posted does not mention anything about the lake. It only speaks to the park lot. If there is a road between park and the lake or any land that is owned by the township, then you may have a problem.

You say the pier and dock have been there since 1992 and the SOL for adverse possession in Michigan is 15 years. While you can't claim adverse possession of government owned land, you may try to claim a prescriptive easement for the public to use of the land. The pier and the boats have been there for 31 years. That would take a lawsuit and that is not a DYI project. You need a land use lawyer. All the facts matter, and it is impossible for any forum to know what those facts are.

600.5821 Recovery of land or public ground

Here is the ordnance I believe you cited on.

The ordnance was adopted on June 11,2002 so there is also a possibility of non-conforming use.

 

[army judge]

Is there action we can take on the realtor or MLS for false listings?

Possibly,, but you won't receive a DEFINITIVE answer using the internet.

Make an appointment with three or four local real estate attorneys.

Most attorneys offer a FREE initial consultation for prospective clients.

Good luck.