Allows for a non-exclusive right of way servitude and easement for a stated purpose. Allows for a non-exclusive right-of-way, servitude and easement for a stated purpose.
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 General Right of Way Instrument
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Multi-State
Control #:
US-EAS-32
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Word;
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FAQ
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.
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.
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.
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.
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.
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.