Michigan Easement for Access to Property

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US-00495
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Description

This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

Michigan Easement for Access to Property is a legal right that allows individuals or entities to access a property that they do not own. It grants the holder of the easement the freedom to travel across the property, enter it, or use certain parts of it for a specific purpose. Easements for access to property in Michigan play a crucial role in facilitating roadways, utility lines, and providing passage to landlocked properties. There are various types of easements for access to property in Michigan, each serving a distinct purpose. One common type is the easement for road access. This type of easement allows individuals to traverse across land owned by someone else to reach their own property, ensuring practical and legal access for homeowners, farmers, or businesses. It is essential in situations where a property is surrounded by land that does not belong to the property owner. Another prominent type is the utility easement, which grants utility companies the right to install and maintain necessary infrastructure such as power lines, gas pipelines, sewage systems, or water pipes that may cross private properties. Such easements guarantee that essential services reach homes and businesses efficiently. Utility easements typically come with restrictions and regulations to protect the rights and privacy of the property owner while allowing utility companies to perform their duties. Michigan also recognizes conservation easements, which are designed to preserve and protect natural resources, such as forests, wetlands, or endangered species habitats. These easements are voluntary agreements between landowners and conservation organizations or government entities, restricting certain activities to ensure the conservation of the designated areas and their ecological values. Navigating Michigan easement laws can be complex, as they involve property rights, legal obligations, and the consideration of possible conflicts between different parties. Therefore, it is advisable to consult an experienced real estate attorney or land surveyor when dealing with easements for access to property in Michigan. They can provide professional guidance and ensure that all parties involved understand their rights and obligations, protecting the interests of both property owners and easement holders.

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FAQ

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.

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.

Such easement shall not be less than 66 feet in width.

Under Michigan law, you have various options to "open" your parcel for access. Buy all or a portion of your neighbor's property. ... Easement by Purchase. ... Easement by Necessity. ... Easement by Prescription.

Different jurisdiction may have different rules and regulation with regards to driveway easements. Generally, a width of 30 feet is fairly common.

Virtually every contemporary private road ordinance in Michigan I have seen requires a 66-foot wide easement and right- of-way.

Yes, in most cases, you can build a fence on an easement. Fences are regularly built along or across easements.

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Easements for utilities and public roads can be applied for by completing the form below. Applications must be submitted by the agency acquiring the public ... Jan 8, 2018 — An easement is the legal right to use or possess someone else's property. The easement holder does not “own” or have title to the property, but ...... access your property without a legally recognized easement, has the DNR ... complete for review until documentation is provided that a title search has been ... Jan 8, 2018 — Two common examples are owners of land traveling over adjacent property to access their land or a lake. To qualify as a prescriptive easement, ... 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 ... After the design for the service is complete and ownership verified, we will provide an easement agreement to you and any necessary neighboring property owners. Easements are common in Michigan real estate transactions. Bowen v Buck ... requiring, as a condition of the sale, an access easement to the retained back parcel. Sep 9, 2022 — Generally speaking, utility easements are quite common and permit the entry or crossing of property to install, maintain, operate, and inspect ... This easement, known as an easement by necessity, is imposed typically only when no other option is available. A common example is truly landlocked property. A right of way easement can grant you access to your property when it's not accessible without crossing over property held by someone else.

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Michigan Easement for Access to Property