Michigan Release of Right of Way / Easement

State:
Multi-State
Control #:
US-OG-127
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.

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FAQ

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.

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 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.

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.

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.

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Michigan Release of Right of Way / Easement