This form grants the nonexclusive right to make use of the Grantors existing road.
Michigan Nonexclusive Easement and Right of Way to Use Grantor's Private Road
State:
Multi-State
Control #:
US-OG-073
Format:
Word;
Rich Text
Instant download
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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.
An easement is the right to cross or use someone else's land for a specific purpose. The owner of the easement does not own the land, just the right to use it. The owner of the land may also use the area covered by the easement as long as they do not interfere unreasonably with the purpose of the easement.
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.
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.
In some cases, a farmer or rural resident may own to the middle of the road. In some cases, the county road agency owns it. Sometimes, the county road agency must buy more of it to complete a road project. In many areas of Michigan, acquiring ROW is the most expensive part of a road project.
Such easement shall not be less than 66 feet in width.
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.
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.