Michigan Release of Right of Way/Easement

State:
Multi-State
Control #:
US-OG-1114
Format:
Word; 
Rich Text
Instant download

Description

This form provides for a release by the owner of a right of way so that the right of way no longer exists.

A Michigan Release of Right of Way/Easement is a legal document that terminates or releases a previously granted right of way or easement over a property located in the state of Michigan. This document is essential to officially remove any rights or privileges associated with the right of way or easement. In Michigan, there are a few types of Release of Right of Way/Easement, each designed to serve a specific purpose. These include: 1. Voluntary Release: This type of release is executed when the owner of the property willingly decides to terminate or release a right of way or easement. It requires the consent of both parties involved, and it is crucial to ensure that it is properly drafted, signed, and notarized according to Michigan's legal requirements. 2. Judicial Release: In some cases, the release of a right of way or easement may require the intervention of a court. When disputes arise or there is a disagreement between the parties involved, a legal proceeding can be initiated to resolve the matter. The court may issue a judicial release, which is a legally binding document that terminates the right of way or easement. 3. Abandonment: If a right of way or easement has been unused and neglected for an extended period, the owner of the property may choose to file an abandonment release. This document states that the owner has intentionally and permanently relinquished their rights to the right of way or easement due to non-use or lack of necessity. Regardless of the type of Release of Right of Way/Easement, it is highly recommended consulting with a qualified attorney to ensure compliance with all Michigan laws and regulations. The document should clearly state the legal description of the property, the specific right of way or easement to be released, and the parties involved, including their addresses and signatures. Proper notarization is required to make the release legally binding and enforceable. In conclusion, a Michigan Release of Right of Way/Easement is a crucial legal document for terminating or releasing a right of way or easement in the state. Whether it is a voluntary release, a judicial release, or an abandonment release, it is essential to follow all legal procedures and requirements to ensure the validity and effectiveness of the release. Seeking legal advice and assistance throughout the process is highly recommended navigating the complexities of Michigan's real estate laws.

How to fill out Michigan Release Of Right Of Way/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.

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 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.

More info

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 ... In Michigan an easement, whether appurtenant or in gross, is an interest in real property. Ladd v Teichman; 359 Mich 587; 103 NW2d 338 (960); Peaslee v Saginaw ...This notice shall give a general description of the excess easements to be released and the date any taxpayers may appear to protest said release. After said ... After the design for the service is complete and ownership verified, we will ... If there are any questions regarding the easement, our Right of Way Agent. Existing Encumbrances: This Easement is granted by Grantor subject to any licenses, leases, easements, or other interest in Grantor's Land previously granted by ... Use this form to release, terminate, extinguish a previously recorded document that involves access to and from a property. ... Utility Easements (Power, Gas, ... Michigan law does, however, favor ease- ments appurtenant over easements in gross, and —[a]n easement will never be pre- sumed to be a mere personal right where ... Use this form to release, terminate, extinguish a previously recorded document that involves access to and from a property. Documents such as: Easement Deeds or ... 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 ... A right of way easement can grant you access to your property when it's not accessible without crossing over property held by someone else.

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Michigan Release of Right of Way/Easement