Michigan Agreement for Voluntary Right of Way Donation

State:
Multi-State
Control #:
US-EAS-9
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, an Agreement for Voluntary Right of Way Donation. Easements for the construction, operation and maintenance of a highway granted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Act of 1970.

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.
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FAQ

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.

Drawbacks Of Conservation Easements Most conservation easements are permanent and bind all future landowners (including heirs). Conservation easement holders and farmers may not always share a common vision. Conservation easements can reduce the property's overall value, making the land worth less for future sales.

Easement by Necessity Michigan law recognizes a special easement which is created by an imposed court order, often times against the will of the neighbor. 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.

People grant conservation easements because they want to protect their property from future unwanted development, but they also wish to retain their land ownership. A conservation easement ensures that the property will be protected forever, regardless of who owns the land in the future.

By voluntarily limiting some of these activities, a conservation easement allows a landowner to retain private ownership while also achieving other goals, like protecting a farming or ranching operation, preserving open space or conserving habitat for wildlife.

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.

Conservation easements are conveyed by deed, have a conservation purpose, are in perpetuity (legal term meaning forever), require stewardship and monitoring, may only be extinguished by a court of law, are permanent and may offer tax benefits.

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Michigan Agreement for Voluntary Right of Way Donation