Michigan Easement Agreement (Pipeline for Gas and other Substances)
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FAQ
Generally, a width of 30 feet is fairly common.
Such easement shall not be less than 66 feet in width.
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.
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.
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.
The double ditch method requires the company to dig the pipeline trench so that the topsoil remains separate from the subsurface soil and is placed back on top of the subsoil when the construction is completed and the line buried.
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.
A utility easement gives a utility the right to use and access a specific area of a property without owning the parcel. As with any contract, though, there are legal factors to consider, and landowners are encouraged to consult an attorney before agreeing to a utility easement.