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.
The Michigan Easement for Streets and Roads is a legal concept that grants the right to public access and use of certain portions of land in order to establish and maintain streets and roads. This easement ensures the existence of a safe and efficient transportation infrastructure within the state of Michigan. Under Michigan law, several types of easements for streets and roads can be established, each serving a specific purpose: 1. Public Easement: This is the most common type of easement, where the government or a governmental entity secures the right to use a portion of private land for the creation and maintenance of public streets and roadways. Public easements ensure the accessibility of roads to all members of the community. 2. Private Easement: In some cases, private individuals or entities may obtain an easement for streets and roads over another person's property to access their own land that is otherwise landlocked. This type of easement allows the owner of the landlocked property to have legal access to public roads. 3. Utility Easement: Utility companies, such as electric, gas, water, or telecommunications providers, may establish easements to install and maintain their utility lines along streets and roads. This easement ensures that necessary infrastructure can be installed and maintained without hindering the functionality of the transportation system. 4. Drainage Easement: In order to manage stormwater runoff, drainage easements are established to allow for the construction and maintenance of drainage systems, such as ditches or culverts, alongside streets and roads. These easements ensure proper water flow and prevent flooding issues. It is important to note that the establishment of an easement for streets and roads typically involves negotiation and agreement between the property owner and the entity seeking the easement. This process often includes compensating the property owner for the rights being granted. Once established, easements are legally binding and remain in effect even if the property is sold or transferred to a new owner. In summary, the Michigan Easement for Streets and Roads is a legal framework that enables the creation and maintenance of public infrastructure for transportation. Public, private, utility, and drainage easements are the primary types recognized in Michigan, each serving a distinct purpose to facilitate the development and functioning of the state's street and road network.