Michigan Sewer Easement

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Multi-State
Control #:
US-EAS-7
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Word; 
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This is a sample form for use in transactions involving easements, a Sewer Easement. Grants sewer easements to government for temporary and permanent sewer improvements.

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.

Title: Understanding Michigan Sewer Easement: Types and Detailed Explanation Introduction: A Michigan sewer easement refers to a legal right granted to a municipality or utility company to access, install, inspect, maintain, and repair sewer lines or related infrastructure on a property. This easement allows the entity to use a portion of the property owner's land for the sewer system's operations and maintenance. Let's delve into the specifics of Michigan sewer easements, their types, and their significance. Keywords: Michigan sewer easement, legal rights, municipality, utility company, access, install, inspect, maintain, repair, sewer lines, infrastructure, property owner, land, operations, maintenance. Types of Michigan Sewer Easements: 1. Exclusive Easement: An exclusive sewer easement is granted solely to a specific municipality or utility company. This entitles them to have uninterrupted access to the property to perform any necessary sewer line work or maintenance. 2. Non-exclusive Easement: In a non-exclusive sewer easement, multiple entities or utility providers have the right to use the property for sewer-related purposes. This type may occur when different municipalities or utility companies utilize the same sewer system infrastructure. 3. Permanent Easement: A permanent sewer easement remains in effect indefinitely. This means that the property owner will not be able to alter or obstruct the designated area for sewer access unless legally permitted. 4. Temporary Easement: A temporary sewer easement, as the name suggests, is for a specific duration. It allows the municipality or utility company to perform necessary maintenance, repairs, or installation during the designated period. Detailed Description: Michigan sewer easements are crucial for efficient sewer system operations while protecting the property owner's rights. These easements ensure that the municipality or utility companies can access and maintain sewer lines without undue hindrance. Here's a detailed breakdown of what is involved: 1. Legal Rights and Responsibilities: When an individual or entity purchases a property in Michigan, they must recognize that a municipal or utility company may have a right to access the property for sewer maintenance. This right is usually established through a legally binding agreement, granting the easement rights. 2. Installation and Maintenance: Once a sewer easement is in place, the municipality or utility company may access the designated area of the property to install, inspect, repair, or maintain sewer lines or infrastructure. This access may involve excavation, which is necessary to complete the work effectively. 3. Property Owner's Obligations: As the property owner, it is essential to understand that the easement does not relieve you of the property's responsibility. However, while you retain ownership, the municipality or utility company has specified rights to conduct sewer-related activities within the easement area. 4. Limitations on Property Usage: Michigan sewer easements restrict the property owner's usage rights within the designated area. Building any permanent structures or planting large trees may be prohibited to avoid obstructing sewer access or causing potential damage to the infrastructure. 5. Respecting Boundaries: Both the entity granted the easement and the property owner must respect the boundaries defined within the easement agreement. The easement area should be clearly marked, ensuring that activities outside the designated area do not infringe upon the property owner's rights. Overall, Michigan sewer easements play a crucial role in maintaining a functional and efficient sewer system. By allowing necessary access and ensuring upkeep, these easements contribute to the well-being of the entire community while safeguarding the property owner's interests. In conclusion, understanding Michigan sewer easements is essential for property owners and municipalities alike. The various types of easements, including exclusive and non-exclusive, permanent and temporary, define the rights and responsibilities of each party involved. By abiding by the terms outlined in the easement agreement, property owners and utility companies can harmoniously cooperate for a reliable sewer infrastructure throughout Michigan.

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FAQ

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.

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.

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.

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.

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 appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.

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.

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.

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If an assessment or study is requested, the applicant will complete and submit it prior to the Department making a final decision on the easement application. 2 ... Easements for utilities and public roads can be applied for by completing the form below. Applications must be submitted by the agency acquiring the public ...§ 46-106 PLANS REQUIRED. Every plot plan for industrial and commercial structures shall be sealed plans and shall have the location of the water, sewer or drain ... The drain commissioner or drainage board shall give at least 30 days' notice of the intention to release the excess easements by publishing a notice in a ... This is a sample form for use in transactions involving easements, a Sewer Easement. Grants sewer easements to government for temporary and permanent sewer ... Feb 13, 2013 — This Easement shall include the right of Grantee to enter upon the subject property, to perform excavations upon the subject property, to add or ... Easements obtained after 1956 are required to be recorded at the County Register of Deed's Office and are also on file at the Water Resources Commissioner's ... NO shrubs or trees are to be placed below the top of the bank or the edge of the easement, whichever is higher. 5. NO filling is allowed within any drainage ... (“Grantor”), hereby grants to the CITY OF STERLING HEIGHTS, a Michigan municipal corporation, of 40555 Utica Road,. Sterling Heights, Michigan 48311 ... Aug 22, 2022 — which are hereby acknowledged, Grantor conveys and warrants to Grantee a permanent easement over, under, across and through a part of Grantor's ...

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Michigan Sewer Easement