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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.