Michigan Flowage Easement
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How to fill out Flowage Easement?
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FAQ
Utility easements 6 feet in width are permissible along rear property lines, in cases where the rear property lines abut unplatted land.
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.
Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.
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 simplest case arises when a landowner wishes to obtain permission to run his artificial drainage water in ditches or tiles across the property of a neighbor and into a natural outlet. The landowner must negotiate with his neighbor to obtain this right. This may be done (a) by a deed or (b) by granting an 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.
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.
