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 Sample Letter for Request to Formalize Easement
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Multi-State
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US-0840LTR
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This form is a sample letter in Word format covering the subject matter of the title of the form.
How to fill out Sample Letter For Request To Formalize Easement?
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FAQ
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.
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.
Virtually every contemporary private road ordinance in Michigan I have seen requires a 66-foot wide easement and right- of-way.
What is a Prescriptive Easement? An easement by prescription can be created based on physical use of property over time. A party claiming a prescriptive easement must provide evidence possession that is actual, continuous, open, notorious, exclusive, hostile, and uninterrupted for a period of 15 years.
Utility easements 6 feet in width are permissible along rear property lines, in cases where the rear property lines abut unplatted land. (B) Drainage easements. (1) Drainage easements shall be provided which conform substantially with the lines of any natural watercourse, drainage ditch, channel, or stream.
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.
Different jurisdiction may have different rules and regulation with regards to driveway easements. Generally, a width of 30 feet is fairly common.
Such easement shall not be less than 66 feet in width.
