An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. As an example, a driveway easement may be created by recording a deed that states that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. This is one way to use a driveway easement. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
The Laws of Easement in Michigan: A Detailed Description In the state of Michigan, the laws of easement govern the rights and obligations associated with providing legal access or use of a portion of one's property to another person or entity. Understanding these laws is crucial for property owners and those seeking easements to ensure their rights and responsibilities are upheld. Defining Easement: An easement grants a non-owner legal permission to use a specific portion of someone else's land, for a particular purpose, either temporarily or permanently. It is important to note that the easement holder does not have ownership rights but solely the right to use or access the property as permitted by the terms of the easement. Types of Easements in Michigan: Several types of easements exist under Michigan law, including: 1. Affirmative Easements: These easements give the holder the right to actively do something or use the land. For instance, an easement granting access to a private road through another person's property. 2. Negative Easements: Negative easements allow the holder to restrict certain actions on the property that may interfere with specific rights or interests. For example, an easement that prevents a neighbor from obstructing a scenic view. 3. Appurtenant Easements: These easements are attached to a particular property and benefit the property owner. They run continuously with the land, meaning the easement passes on to subsequent owners automatically. 4. In Gross Easements: These easements are not connected to a particular property but rather to a specific individual or entity. In gross easements, the holder maintains the right to use the land, regardless of the property ownership. 5. Prescriptive Easements: Unlike other types of easements that are granted by the property owner, prescriptive easements are acquired through continuous and uninterrupted use of another person's land over a specific period of time. This type of easement is often claimed when no written agreement exists. Obtaining and Terminating Easements in Michigan: In Michigan, easements can be established through various means, such as written agreements, court orders, or even by prescription, as mentioned earlier. However, it is advisable to consult with a legal professional to ensure the validity and enforceability of the easement. Easements can be terminated or voided in certain situations as well. These situations may include abandonment, expiration of the specified time period, merger of both properties under the same ownership, or by mutual agreement between the parties involved. Conclusion: Understanding the laws of easement in Michigan is crucial for property owners and potential easement holders. With various types of easements and legal intricacies surrounding their establishment and termination, it is recommended to consult with an experienced attorney well-versed in Michigan property law to navigate through this complex area while protecting one's rights and interests.
