Michigan Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance

State:
Multi-State
Control #:
US-00994BG
Format:
Word; 
Rich Text
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Description

This form anticipates that the owners and parties to the Declaration have joint easement rights over, across, and through the easement premises for utility connections and adequate access to their individual parcels. A private drive is located within the easement premises. In this document the parcel owners agree to share in the cost of maintaining the private drive according to a formula set forth in the agreement. This form is a generic example that may be referred to when preparing such a form for your particular state.

The Michigan Declaration of Easement for Common Private Drive Among Several Landowners is a legally binding document that establishes the rights and responsibilities of multiple property owners who share a common private drive. This agreement outlines the details regarding the use, maintenance, and upkeep of the shared driveway. One type of Michigan Declaration of Easement for Common Private Drive concerns the establishment of a shared driveway among several landowners. In such cases, the document would specify the exact location and dimensions of the shared drive, as well as detailing the rights and restrictions for each property owner regarding its use. This type of easement ensures that all parties have legal access to their respective properties using the common driveway. Another kind of Michigan Declaration of Easement for Common Private Drive focuses on the maintenance aspect of the shared drive. This agreement describes the obligations of each landowner in terms of upkeep, repair, and snow removal. It often establishes the procedure for sharing the associated costs, ensuring that the burden is distributed fairly among all parties involved. Such agreements typically include provisions for resolving disputes and determining the consequences for non-compliance with the maintenance obligations. In both types of declarations, keywords like "easement," "common private drive," "landowners," and "maintenance" are relevant. These terms highlight the main components and purpose of the agreement. Additional relevant keywords may include "access," "rights," "responsibilities," "upkeep," "obligations," "shared costs," "repairs," "disputes," and "compliance." The Michigan Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance is crucial in establishing clear guidelines for landowners sharing a common private drive. It ensures efficient and equitable use of the driveway while preventing potential conflicts and maintenance disputes that may arise.

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FAQ

Private Roads: Minimum Standards for Design and Construction. 1. A private road shall be located within a private road easement. The easement shall be at least 40 feet wide at all points.

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.

(2) "Private road" means a privately owned and maintained road, allowing access to more than 1 residence or place of business, which is normally open to the public and upon which persons other than the owners located thereon may also travel.

Easement by Necessity Michigan law recognizes a special easement which is created by an imposed court order, often times against the will of the neighbor. This easement, known as an easement by necessity, is imposed typically only when no other option is available. A common example is truly landlocked property.

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.

Who is Responsible for Maintaining an Easement in Michigan? Who is responsible for maintaining an easement? The short answer is the owner of the easement. A landowner that has an easement over the property of another landowner is the holder of the dominant estate.

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.

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This will help to ensure that your application is complete once you submit it and prevent the potential need for multiple surveys. In addition to determining ... If available, provide a copy of your title insurance policy for the parcel to be accessed. 8. Application Fee of $300.00. ADDITIONAL REQUIREMENTS OF PROPOSED ...This form anticipates that the owners and parties to the Declaration have joint easement rights over, across, and through the easement premises for utility ... (1) A township proceeding under section 20a shall file a complaint for declaration of the road as a public highway in the circuit court of the county in which ... The undersigned agree that the easement shall from time to time require maintenance that could include grading, paving, restoration of the gravel base,. The notice of lien claim shall be duly verified, acknowledged and contain a certificate that a copy thereof has been served upon the owner of the applicable ... 3. The Easement shall be jointly maintained by the then-owners of the Lots, with the owner of each Lot paying an equal fractional share of the reasonable costs ... The easement described in the attached EASEMENT DESCRIPTION. ADDENDUM shall run with the land and title, and shall be appurtenant thereto. 4. The property ... Jun 23, 2022 — Plaintiff and defendant each argue that the easement contract is unambiguous, but draw different conclusions as to what those unambiguous terms ... The owner(s) and any other parties with legal interest in the proposed private road shall provide to the township, a road maintenance agreement, access easement ...

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Michigan Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance