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.
Michigan General Right-of-Way Instrument
State:
Multi-State
Control #:
US-00497
Format:
Word;
Rich Text
Instant download
Description
This Easement for Right-of-Way is between the Grantor and Grantee for a non-exclusive right-of-way, servitude and easement for the purpose for the purpose as is described in the agreement over the property described in the agreement. This is a contract that can be used in all states.
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FAQ
Basically, one portion of your land may be considered a public property under Rights of Way. Easements exist as negative and affirmative. An affirmative easement basically allows a group or a person to carry out activity on another person's land. For example, erect electrical posts.
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.
The owner of the land over which the easement runs is not allowed to interfere with the easement, even though the owner owns title to that land.
Easement in Michigan? Generally, the easement holder ? the person who uses the other person's land for access ? is responsible for maintaining the easement. While the easement holder never becomes an owner of the land, they are using it for their own benefit, and they are responsible for the upkeep of the easement.
The road right-of-way is generally 66 feet (33 feet on either side of the center line of the road). Rights-of-way may be narrower or wider in certain situations.
Such easement shall not be less than 66 feet in width.
Termination of Easement for Real Estate Located in Michigan This document allows the owner of the land, burdened by the access and the party that benefits from the access, to sign an agreement releasing the property from such access, under the premises the benefiting party no longer needs access.
In some cases, a farmer or rural resident may own to the middle of the road. In some cases, the county road agency owns it. Sometimes, the county road agency must buy more of it to complete a road project. In many areas of Michigan, acquiring ROW is the most expensive part of a road project.
