Michigan Environmental Restriction Easement, also known as MERE, is a legal tool used in the state of Michigan to preserve and protect natural resources and important ecological areas. It is a voluntary agreement between a property owner and a conservation agency, such as a land trust or government entity, aimed at conserving land, water, and wildlife habitats for future generations. The purpose of a Michigan Environmental Restriction Easement is to restrict certain activities on a property to maintain or enhance its ecological value. It serves to prevent or limit development, extractive practices, and other actions that might harm the environment. These easements typically focus on conserving important ecological features, such as wetlands, forests, and critical wildlife habitats. There are several types of Michigan Environmental Restriction Easements that can be established depending on the specific conservation goals and characteristics of the property: 1. Habitat Conservation Easement: This type of easement focuses on protecting and enhancing wildlife habitats, including breeding areas, nesting sites, and migration corridors. It aims to safeguard the biodiversity and ecological balance of the region. 2. Water Quality Easement: These easements aim to protect water bodies such as rivers, lakes, streams, and wetlands from pollution, runoff, and other activities that can degrade water quality. They often include provisions to prevent erosion, manage stormwater, and limit harmful agricultural practices. 3. Farmland Preservation Easement: This type of easement is designed to preserve agricultural lands and their associated natural resources. It helps prevent the conversion of productive farmland to non-agricultural uses, ensuring the long-term viability of the agricultural economy and the preservation of open spaces. 4. Historic Preservation Easement: While not strictly focused on environmental conservation, historic preservation easements can also play a role in protecting significant cultural and historical resources that are often closely linked to the natural environment. These easements restrict alterations and demolitions that could compromise the historic character of a property. In conclusion, Michigan Environmental Restriction Easements are legal agreements that help conserve and protect natural resources, wildlife habitats, water bodies, and agricultural lands. By restricting certain activities, these easements ensure the preservation of Michigan's ecological heritage and contribute to a sustainable future for the state.
Michigan 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.