Michigan Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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FAQ
Such easement shall not be less than 66 feet in width.
Such easement shall not be less than 66 feet in width. (b) The center of the traveled portion of the road shall be located in the center of the private road easement. § 155.055 PRIVATE EASEMENT/PRIVATE ROAD. amlegal.com ? latest ? silvercrkt_mi amlegal.com ? latest ? silvercrkt_mi
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
Exclusive means that only one party or perhaps a limited number of parties can use that easement. Non-exclusive means that a number of different parties can use the easement. Non-exclusive can also mean that additional parties could be granted the right to use that same easement in the future. Exclusive vs. Non-Exclusive Easements - Commercial Partners ctic.com ? Blog ? Exclusive-v... ctic.com ? Blog ? Exclusive-v...
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.
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. Easements in Michigan Northern Michigan Property Law ? blog Northern Michigan Property Law ? blog
