Michigan Utility Easement For Way
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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.
New right-of-way width shall normally be granted for 66 feet but may be wider if necessary. The burden of proving the necessity for wider than 66 feet is on the applicant.
Michigan law recognizes an easement by necessity. An easement by necessity is created when a landowner is landlocked and needs access for ingress and egress over another's property. If the landowner has not other means to access his property, a court will create an easement by necessity.
Easement by Prescription In Michigan, the use must, in legal terminology, be open, notorious, adverse, and continuous for a period of fifteen years.
A utility easement gives a utility the right to use and access a specific area of a property without owning the parcel. As with any contract, though, there are legal factors to consider, and landowners are encouraged to consult an attorney before agreeing to a utility easement.