Michigan Environmental Restriction Easement
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How to fill out Environmental Restriction Easement?
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FAQ
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.
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.
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.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
People grant conservation easements because they want to protect their property from future unwanted development, but they also wish to retain their land ownership. A conservation easement ensures that the property will be protected forever, regardless of who owns the land in the future.
The road right-of-way is generally 66 feet (33 feet on either side of the center line of the road). Rights-of-way may be narrower or wider in certain situations.
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.