Michigan Assignment of Interest in Right of Way
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How to fill out Assignment Of Interest In Right Of Way?
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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.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
Utility easements 6 feet in width are permissible along rear property lines, in cases where the rear property lines abut unplatted land. (B) Drainage easements. (1) Drainage easements shall be provided which conform substantially with the lines of any natural watercourse, drainage ditch, channel, or stream.
Such easement shall not be less than 66 feet in width.
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.
To establish adverse possession, an individual must demonstrate possession of the real property for a period of fifteen (15) years and that the possession has been actual, visible, open, notorious, exclusive, continuous, hostile, and under a cover or claim of right.
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.
While the easement holder never becomes an owner of the land, they are using it for their own benefit, and they are responsible for the upkeep of the easement.