Michigan Easement for Flood Control
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How to fill out Easement For Flood Control?
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FAQ
Drainage Easements are obtained for specific uses such as storm water conveyance, storm water detention, ponding, floodplain or as access routes for operating, maintaining or repairing County Drains. Drainage Easements are not to be considered public areas and are not open to the public.
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.
The Michigan courts have accepted the general rule to natural flow. This means that natural surface waters created by rain or snow must be allowed to flow unrestricted on to lower land holdings over the natural water courses.
Can I build structures on a property with a drainage easement? It depends on whether your construction limits access to the easement area or messes with the drainage infrastructure. As long as it doesn't interfere with this, you have the freedom to build the structure you need.
The simplest case arises when a landowner wishes to obtain permission to run his artificial drainage water in ditches or tiles across the property of a neighbor and into a natural outlet. The landowner must negotiate with his neighbor to obtain this right. This may be done (a) by a deed or (b) by granting an easement.
Such easement shall not be less than 66 feet in width.
Types of Easements. An easement by necessity is sometimes created when a parcel is landlocked, meaning there is no access to a road. Finally, a prescriptive easement can be created when one parcel has been using another parcel for access rights, without permission, for over fifteen years.
