Michigan Surface Easement (For Meter Station)
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FAQ
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.
Who is Responsible for Maintaining an Easement in Michigan? Who is responsible for maintaining an easement? The short answer is the owner of the easement. A landowner that has an easement over the property of another landowner is the holder of the dominant estate.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
An easement can be terminated through a written agreement between the easement holder and the property owner. Additionally, an easement by necessity can be terminated if there is no longer a need for the easement.
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.
Utility easements 6 feet in width are permissible along rear property lines, in cases where the rear property lines abut unplatted land.
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.
