Michigan Easement And Right Of Way Law

State:
Michigan
Control #:
MI-EAS-2
Format:
Word; 
Rich Text
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Description

The Michigan Conservation Easement is a legal instrument designed to protect wetlands and their associated values under Michigan easement and right of way law. This form is utilized primarily by landowners (Grantors) who have received a permit from the Michigan Department of Environmental Quality (MDEQ) for activities that may impact wetlands. The easement ensures that the property is maintained in a natural, undeveloped condition, prohibiting alterations such as excavation or construction without proper permit approvals. The document outlines the rights and responsibilities of the Grantor and Grantee, including access rights for compliance checks by the MDEQ. Essential features include the requirement to record the easement with the county and the binding nature of the agreement on successors. For attorneys, paralegals, and legal assistants, this form is crucial for advising clients on wetland protection, ensuring compliance with environmental regulations, and facilitating property transactions involving conservation easements. Legal professionals must guide clients in completing the form accurately, attaching required exhibits, and understanding the implications of granting such easements.
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FAQ

An easement or right-of-way is an agreement that confers on an individual, company or municipality the right to use a landowner's property in some way. While these agreements grant rights, they also have the effect of partially restricting an owner's use of the affected portions of land.

The main difference between a servitude and right of way is that a servitude can cover more than just access. If the servitude is granted in writing then in theory it could cover almost any act carried out over the granter's land.

A private right of way is an easement, which is the right to use part of another's property in a particular way even though they do not own it.

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.

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.

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Michigan Easement And Right Of Way Law