Michigan Easement Form

Category:

Real Estate - Easements and Rights of Way

State:

Michigan

Control #:

MI-EAS-2

Format:

Instant download

Description

The Michigan easement form is a legal document designed to establish a conservation easement for the protection of wetlands and their adjacent areas. This form is initiated between a property owner, referred to as the Grantor, and the Geological and Land Management Division of the Michigan Department of Environmental Quality, known as the Grantee. Key features of this form include a detailed description of the easement premises, which must be attached as an Exhibit, as well as stipulations regarding the maintenance and preservation of the land in its natural state. The form outlines specific constraints on development and alteration of the property, while allowing for some permitted activities related to wetland mitigation with prior approval from the Grantee. Additionally, the document addresses liability issues, the rights of entry for the Grantee, and ensures that the easement remains in effect for future property owners. The Michigan easement form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in environmental law or real estate, providing a clear framework to manage land use and protect ecological resources effectively.

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How to fill out Michigan Conservation Easement For Wetlands?

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FAQ

Easement by Prescription In Michigan, the use must, in legal terminology, be open, notorious, adverse, and continuous for a period of fifteen years.

A. Easements for public roads rights-of-way are granted to duly authorized public agencies. Public Act 283 of 1909 indicates that a public highway right-of-way is four rods (66 FEET) in width even though there is no recorded instrument of conveyance.

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 may be created in a number of ways. One is by express grant . In this case there may be a Deed of Grant that states the terms of the easement, or the grant may take the form of a clause in a conveyance deed or a transfer deed. An easement may be created of necessity.

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.