Michigan Easement By Necessity
Description
How to fill out Michigan Conservation Easement For Wetlands?
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FAQ
An easement in Michigan is generally created by a deed in writing or by operation of law. The easement deed should specify the terms and conditions of the easement itself. As an interest in real property, an easement deed in Michigan must be signed, dated, and acknowledged by the grantor.
Easement of Necessity This consists of the circumstances where the owner or occupier cannot use his property without exercising the right of easement over the servient heritage. Thus, absolute necessity is the test and the convenience.
Michigan law currently provides a remedy to lack of access, providing for an implied easement over lands from which the landlocked parcel was created (or split out). Thus, owners of landlocked property frequently have legally authorized alternatives to requesting a road easement over state land.
1) For example, A as the owner of a certain house, has a right of way over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement.
Easement of NecessityGiving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.