Michigan Amendment to Easement and Right of Way (to allow it to be used for Telecommunications Purposes)
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FAQ
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.
Utility easements 6 feet in width are permissible along rear property lines, in cases where the rear property lines abut unplatted land.
Easement in Michigan? Generally, the easement holder ? the person who uses the other person's land for access ? is responsible for maintaining the easement.
Basically, one portion of your land may be considered a public property under Rights of Way. Easements exist as negative and affirmative. An affirmative easement basically allows a group or a person to carry out activity on another person's land. For example, erect electrical posts.
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.
An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership.
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.
Easements can also terminate when the easement was created by necessity and the necessity no longer exists. The owner of the dominant estate requiring the easement may also voluntarily release the easement to terminate the easement.
