Zaher v. Miotke, 300 Mich. App. 132

Hoover purchased lots 2 and 3 in North Bay Shores, Linda later had a dower interest in the property, and Hoover signed a joint-driveway easement over lot 2 for Zaher’s benefit without Linda’s participation.
The easement was not recorded, and Zaher constructed a 30-foot-wide driveway straddling the lot boundary, with 20 feet on Hoover’s lot 2.
Hoover later sold lot 2 (with Linda’s warranty deed) to Miotke and, separately, transferred lot 3 to Zaher with Linda joining the deed; both deeds stated the interests were subject to easements of record.
In May 2011, Miotke altered the driveway—dividing it and altering access to Zaher’s garages—leading Zaher to seek injunctive relief and Miotke to counterclaim.
The circuit court denied summary disposition on most issues but granted partial summary disposition that the easement over lot 2 was not void ab initio despite Linda’s lack of signature.
The Michigan Court of Appeals affirmed, holding that Linda’s inchoate dower could be valued and compensated and did not render the easement void; Linda’s later waiver of dower through the conveyances cured the defect.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether absence of wife's signature voids the easement under the statute of frauds	Zaher argues all owners must sign; Linda’s dower signature was required	Miotke contends failure to sign does not void the transfer, only clouds title	Not void ab initio; remedy via compensation for dower value
Whether Linda’s later waiver cures the defect and validates the easement	Linda’s waiver could not affect the contract after the fact	Linda’s joining Hoover’s transfer cured the defect and extinguished dower impact	Linda’s waiver extinguished dower; easement not void; transfer enforceable subject to notice

Forge v Smith, 458 Mich 198 ((1998)) (all owners must sign to convey an interest; absence voids contract)
Slater Mgt Corp v Nash, 212 Mich App 30 ((1995)) (seller’s wife must sign; title may be clouded, not voidable per se)
Berg v Hartman Group, 89 Mich App 423 ((1979)) (contract void when wife does not sign; contrasts with later Slater approach)
Fields v Korn, 366 Mich 108 ((1962)) (absence of required signatures can render contract void under statute of frauds)
Rhoades v Davis, 51 Mich 306 ((1883)) (inchoate dower has value and can be subject of sale/release)
Walker v Kelly, 91 Mich 212 ((1892)) (specific performance may be granted subject to dower rights, or damages for dower)
Solomon v Shewitz, 185 Mich 620 ((1915)) (dower rights not a barrier to contract; plaintiff may pursue damages or specific performance subject to dower)
Gluc v Klein, 226 Mich 175 ((1924)) (ownership transfer cannot be free of wife’s dower unless she signs or waives)