Michigan Right of Way and Easement (Underground Electrical Facilities)
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FAQ
Easement in Michigan? Generally, the easement holder ? the person who uses the other person's land for access ? is responsible for maintaining the easement.
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.
Except where alleys are provided for the purpose, a private utility easement, not less than 12 feet in width, with 6 feet located on each side of the property line, shall be provided along a rear or side lot line as determined by the Planning Commission.
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.
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.
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.