An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Michigan General Form for Deed Granting Easement
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Multi-State
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US-01176BG
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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.
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.
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.
In Michigan, a deed must be signed by the grantor, notarized, and recorded to the Register of Deeds for the property transfer to be considered valid and effective.
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.
An easement can be terminated through a written agreement between the easement holder and the property owner. Additionally, an easement by necessity can be terminated if there is no longer a need for the easement.
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.
Utility easements 6 feet in width are permissible along rear property lines, in cases where the rear property lines abut unplatted land.
