Michigan Easement or Right of Way for Access to Property

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This form is an easement or right of way for access to property.
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FAQ

An easement is a right to access or use land or property belonging to someone else in a particular way. For example, the general public might have a right to cross a field on a defined footpath. Or the owner of a neighbouring house might have a right to access a drain that runs under both houses.

An easement is the legal right to exercise privileges over another person's land. This means either the public or an individual can cross or use someone else's land for a range of purposes. Easements are commonly in the form of rights of way, rights of access and rights of drainage or utilities.

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.

To establish adverse possession, an individual must demonstrate possession of the real property for a period of fifteen (15) years and that the possession has been actual, visible, open, notorious, exclusive, continuous, hostile, and under a cover or claim of right.

In Michigan you have a legal right by law to obtain access to your property. You also can't create land locked property any more. You may have to take a neighbor to court to sue for an easement, and pay them for that encroachment, but you can't be denied ing to the law.

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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Michigan Easement or Right of Way for Access to Property