Michigan Easement and Right of Way (For Roadway Allowing Access to Lands) refers to legal agreements that grant individuals or entities the right to use and access another person's property for specific purposes, typically for the construction or maintenance of a roadway. These easements and right of ways ensure that the property owners have a legal obligation to allow access to their land for transportation and related activities. There are different types of Michigan Easements and Right of Way (For Roadway Allowing Access to Lands), including: 1. Road Easements: These are the most common types of easements that provide access to lands for road construction, maintenance, and public use. Road easements are usually granted by property owners adjacent to public lands or roads. 2. Utility Easements: Utility companies often require a right of way over private properties to install, operate, and maintain utility infrastructure such as power lines, water mains, sewers, and telecommunication cables. These easements ensure that utility companies have a legal right to access and perform necessary maintenance on the properties. 3. Drainage Easements: These easements grant access to private properties for the purpose of constructing and maintaining drainage systems. They allow for the redirection of water flow and prevent flooding or water damage to adjacent properties. 4. Construction Easements: Construction easements are temporary rights of way granted for the duration of a construction project. These easements allow construction crews and equipment to access the property, transport materials, and perform necessary construction activities. Michigan Easement and Right of Way (For Roadway Allowing Access to Lands) are established through legal agreements, typically requiring the property owner to grant access to the requesting party and ensure that they comply with specific terms and conditions. The agreements also outline the rights and responsibilities of both parties, including restrictions on activities beyond the intended purpose, compensation arrangements, and the duration of the easement. It is important for property owners and parties seeking easements or right of way to consult with legal professionals who specialize in real estate law to ensure that the agreements are properly drafted and protect the interests of all parties involved.
Michigan Easement and Right of Way (For Roadway Allowing Access to Lands)
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FAQ
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.
Such easement shall not be less than 66 feet in width.
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.
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.
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.
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.
