Michigan Deed Granting Right of Way

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Multi-State
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US-0240BG
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Description

This form is a deed granting right of way. In the context of property law, a right of way is the right to travel over someone's land and to have the reasonable use and enjoyment of their property as long as it is not inconsistent with the owner's use and enjoyment of the land. The right of way may be a specific grant of land or an "easement," which is a right to pass across another's land. Some rights of way are for a specific use such as repair of telephone lines.

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FAQ

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.

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.

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.

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.

1 ?Once granted, an easement cannot be modified by either party or unilaterally.

An easement is the legal right to use or possess someone else's property. The easement holder does not ?own? or have title to the property, but has a right to use it in the manner described in the easement.

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.

Such easement shall not be less than 66 feet in width.

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Michigan Deed Granting Right of Way