Michigan Non-Exclusive Roadway Right of Way
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How to fill out Non-Exclusive Roadway Right Of Way?
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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.
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.
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 is a legal right to use someone else's property for a specific purpose. For example, an easement may allow a utility company to access your property to and maintain power lines. A right of way is a type of easement that allows someone to pass over someone else's property.
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.
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.
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.
