Michigan Temporary Construction Easement and Agreement for Highway Purposes
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FAQ
A temporary construction easement is a legal agreement between two parties that allows one party to use the other party's land for a specific purpose related to a construction project.
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.
Easements can also terminate when the easement was created by necessity and the necessity no longer exists. The owner of the dominant estate requiring the easement may also voluntarily release the easement to terminate the easement.
Easement in Michigan? Generally, the easement holder ? the person who uses the other person's land for access ? is responsible for maintaining the easement.
Utility easements 6 feet in width are permissible along rear property lines, in cases where the rear property lines abut unplatted land.
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 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.
Types of Easements. An easement by necessity is sometimes created when a parcel is landlocked, meaning there is no access to a road. Finally, a prescriptive easement can be created when one parcel has been using another parcel for access rights, without permission, for over fifteen years.
