first and fundamental inquiry in Michigan

2026The following principles guide a court’s inquiry: (1) In construing a deed of conveyance[,] the first and fundamental inquiry must be the intent of the parties as expressed in the language thereof; (2) in arriving at the intent of parties as expressed in the instrument, consideration must be given to the whole [of the deed] and to each and every part of it; (3) no language in the instrument may be needlessly rejected as meaningless, but, if possible, all the -8- language of a deed must be harmonized and construed so as to make all of it meaningful; (4) the only purpose of rules of construction

2021Relying on Dep’t of Natural Resources v Carmody-Lahti Real Estate, Inc, 472 Mich 359, 370 ; 699 NW2d 272 (2005), the trial court noted that there were exceptions to the fundamental inquiry in construing a deed as being the intent of the parties: “(1) In construing a deed of conveyance, the first and fundamental inquiry must be the intent of the parties as expressed in the language thereof; (2) in arriving at the intent of the parties as expressed in the instrument, consideration must be given to the whole of the deed and to each and every part of it; (3) no language in the instrument may be ne

2021Relying on Dep’t of Natural Resources v Carmody-Lahti Real Estate, Inc, 472 Mich 359, 370 ; 699 NW2d 272 (2005), the trial court noted that there were exceptions to the fundamental inquiry in construing a deed as being the intent of the parties: “(1) In construing a deed of conveyance, the first and fundamental inquiry must be the intent of the parties as expressed in the language thereof; (2) in arriving at the intent of the parties as expressed in the instrument, consideration must be given to the whole of the deed and to each and every part of it; (3) no language in the instrument may be ne

2021Relying on Dep’t of Natural Resources v Carmody-Lahti Real Estate, Inc, 472 Mich 359, 370 ; 699 NW2d 272 (2005), the trial court noted that there were exceptions to the fundamental inquiry in construing a deed as being the intent of the parties: “(1) In construing a deed of conveyance, the first and fundamental inquiry must be the intent of the parties as expressed in the language thereof; (2) in arriving at the intent of the parties as expressed in the instrument, consideration must be given to the whole of the deed and to each and every part of it; (3) no language in the instrument may be ne

2025To that end, we are guided by four principles: 4 Although this Court is “not strictly required to follow uncontradicted opinions from this Court decided before November 1, 1990, . . . they are nevertheless considered to be precedent and entitled to significantly greater deference than are unpublished cases.” Woodring v Phoenix Ins Co, 325 Mich App 108, 114-115 ; 923 NW2d 607 (2018) (emphasis omitted). -4- (1) In construing a deed of conveyance, the first and fundamental inquiry must be the intent of the parties as expressed in the language thereof; (2) in arriving at the intent of parties as e

2025To that end, we are guided by four principles: 4 Although this Court is “not strictly required to follow uncontradicted opinions from this Court decided before November 1, 1990, . . . they are nevertheless considered to be precedent and entitled to significantly greater deference than are unpublished cases.” Woodring v Phoenix Ins Co, 325 Mich App 108, 114-115 ; 923 NW2d 607 (2018) (emphasis omitted). -4- (1) In construing a deed of conveyance, the first and fundamental inquiry must be the intent of the parties as expressed in the language thereof; (2) in arriving at the intent of parties as e

2022Peck v McClelland, 247 Mich 369, 370 ; 225 NW 514 (1929).

2022Peck v McClelland, 247 Mich 369, 370 ; 225 NW 514 (1929).

2021“A genuine issue of material fact exists when the record, giving the benefit of reasonable doubt to the opposing party, leaves open an issue upon which reasonable minds might differ.” West, 469 Mich at 183 . [Zaher, 300 Mich App at 139-140 .] In construing a deed, courts must be guided by four principles outlined by our Supreme Court: (1) In construing a deed of conveyance, the first and fundamental inquiry must be the intent of the parties as expressed in the language thereof; (2) in arriving at the intent of parties as expressed in the instrument, consideration must be given to the whole of

2021“A genuine issue of material fact exists when the record, giving the benefit of reasonable doubt to the opposing party, leaves open an issue upon which reasonable minds might differ.” West, 469 Mich at 183 . [Zaher, 300 Mich App at 139-140 .] In construing a deed, courts must be guided by four principles outlined by our Supreme Court: (1) In construing a deed of conveyance, the first and fundamental inquiry must be the intent of the parties as expressed in the language thereof; (2) in arriving at the intent of parties as expressed in the instrument, consideration must be given to the whole of

1954In view of the-fact that plaintiff’s construction of the lease admittedly requires reading out the 3-year provision as meaningless, consideration ought likewise to he given to the following rules of construction: (1) In construing a deed of conveyance the first and fundamental inquiry must be the intent of the .parties as expressed in the language thereof; Bassett v. Budlong, 77 Mich 338 (18 Am St Rep 404); Martin v. Cook, 102 Mich 267 ; Sprunger v. Ensley, 211 Mich 103 ; (2) in arriving at the intent of parties as expressed in the instrument, consideration must be given to the whole and to ea

1954Andrew’s Church of Ann Arbor, 37 Mich 264; Waldron v. Toledo, A. A. & G.

1954In view of the-fact that plaintiff’s construction of the lease admittedly requires reading out the 3-year provision as meaningless, consideration ought likewise to he given to the following rules of construction: (1) In construing a deed of conveyance the first and fundamental inquiry must be the intent of the .parties as expressed in the language thereof; Bassett v. Budlong, 77 Mich 338 (18 Am St Rep 404); Martin v. Cook, 102 Mich 267 ; Sprunger v. Ensley, 211 Mich 103 ; (2) in arriving at the intent of parties as expressed in the instrument, consideration must be given to the whole and to ea

1954In view of the-fact that plaintiff’s construction of the lease admittedly requires reading out the 3-year provision as meaningless, consideration ought likewise to he given to the following rules of construction: (1) In construing a deed of conveyance the first and fundamental inquiry must be the intent of the .parties as expressed in the language thereof; Bassett v. Budlong, 77 Mich 338 (18 Am St Rep 404); Martin v. Cook, 102 Mich 267 ; Sprunger v. Ensley, 211 Mich 103 ; (2) in arriving at the intent of parties as expressed in the instrument, consideration must be given to the whole and to ea

1954In view of the-fact that plaintiff’s construction of the lease admittedly requires reading out the 3-year provision as meaningless, consideration ought likewise to he given to the following rules of construction: (1) In construing a deed of conveyance the first and fundamental inquiry must be the intent of the .parties as expressed in the language thereof; Bassett v. Budlong, 77 Mich 338 (18 Am St Rep 404); Martin v. Cook, 102 Mich 267 ; Sprunger v. Ensley, 211 Mich 103 ; (2) in arriving at the intent of parties as expressed in the instrument, consideration must be given to the whole and to ea

1954In view of the-fact that plaintiff’s construction of the lease admittedly requires reading out the 3-year provision as meaningless, consideration ought likewise to he given to the following rules of construction: (1) In construing a deed of conveyance the first and fundamental inquiry must be the intent of the .parties as expressed in the language thereof; Bassett v. Budlong, 77 Mich 338 (18 Am St Rep 404); Martin v. Cook, 102 Mich 267 ; Sprunger v. Ensley, 211 Mich 103 ; (2) in arriving at the intent of parties as expressed in the instrument, consideration must be given to the whole and to ea

1954In view of the-fact that plaintiff’s construction of the lease admittedly requires reading out the 3-year provision as meaningless, consideration ought likewise to he given to the following rules of construction: (1) In construing a deed of conveyance the first and fundamental inquiry must be the intent of the .parties as expressed in the language thereof; Bassett v. Budlong, 77 Mich 338 (18 Am St Rep 404); Martin v. Cook, 102 Mich 267 ; Sprunger v. Ensley, 211 Mich 103 ; (2) in arriving at the intent of parties as expressed in the instrument, consideration must be given to the whole and to ea

1954In view of the-fact that plaintiff’s construction of the lease admittedly requires reading out the 3-year provision as meaningless, consideration ought likewise to he given to the following rules of construction: (1) In construing a deed of conveyance the first and fundamental inquiry must be the intent of the .parties as expressed in the language thereof; Bassett v. Budlong, 77 Mich 338 (18 Am St Rep 404); Martin v. Cook, 102 Mich 267 ; Sprunger v. Ensley, 211 Mich 103 ; (2) in arriving at the intent of parties as expressed in the instrument, consideration must be given to the whole and to ea