This is a sample form for use in transactions involving easements, a Utility Easement. Allows a permanent utility easement and right of way for water facilities.
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 Utility Easement
State:
Multi-State
Control #:
US-EAS-28
Format:
Word;
Rich Text
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FAQ
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.
Easement in Michigan? Generally, the easement holder ? the person who uses the other person's land for access ? is responsible for maintaining the easement.
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.
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.
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.
A utility easement gives a utility the right to use and access a specific area of a property without owning the parcel. As with any contract, though, there are legal factors to consider, and landowners are encouraged to consult an attorney before agreeing to a utility easement.
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.
Utility easements 6 feet in width are permissible along rear property lines, in cases where the rear property lines abut unplatted land.
