Michigan Easement and Right of Way (For Electrical Transmission Lines - Short Form)
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FAQ
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.
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.
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.
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.
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.
What is a Prescriptive Easement? An easement by prescription can be created based on physical use of property over time. A party claiming a prescriptive easement must provide evidence possession that is actual, continuous, open, notorious, exclusive, hostile, and uninterrupted for a period of 15 years.
In some cases, a farmer or rural resident may own to the middle of the road. In some cases, the county road agency owns it. 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 project.