Michigan Assignment of Easements and Rights of Way

State:
Multi-State
Control #:
US-OG-513
Format:
Word; 
Rich Text
Instant download

Description

This form provides for the assignment of easements and rights of way.
Michigan Assignment of Easements and Rights of Way refers to the legal process of transferring or assigning the ownership rights of an easement or right of way from one party to another in the state of Michigan. This assignment typically involves the written agreement between the current owner, known as the assignor, and the new owner, referred to as the assignee. Easements, often granted by the property owner, provide designated rights to use a specific portion of another person's land for a specific purpose. This can include access to a roadway, utility lines, or a path for hiking or recreational activities. Rights of way, on the other hand, allow individuals or entities the lawful passage through or over a certain area of land. These easements and rights of way ensure unhindered access to essential resources, services, and amenities for the benefit of local communities. There are various types of Michigan Assignment of Easements and Rights of Way that may occur, including: 1. Express Easement Assignment: In this case, the assignor explicitly grants the assignee the right to use a specific area of their property for a particular purpose, as outlined in the agreement. This can involve granting access to a neighboring property or allowing the installation of utility lines. 2. Implied Easement Assignment: Implied easements are not expressly stated in writing but are implied based on the actions or circumstances of the parties involved. When an implied easement needs to be assigned to a new owner, a written agreement is usually required to ensure clarity and prevent potential disputes. 3. Easement by Necessity Assignment: This type of easement arises when a property owner needs to access their landlocked property through another person's property. If the assignor sells the landlocked property, they would need to assign the easement to the assignee for continued access. 4. Prescriptive Easement Assignment: A prescriptive easement is acquired through continuous and uninterrupted use of another person's property over a specific period, which is typically many years. If an assignor has obtained a prescriptive easement, they can assign this right to the assignee, who then carries on with the same usage rights. 5. Temporary Rights of Way Assignment: In certain circumstances, temporary or limited rights of way may be assigned. This can occur during property development, construction projects, or certain maintenance activities wherein temporary access or rite of passage is required. In conclusion, the Michigan Assignment of Easements and Rights of Way involves the transfer of ownership rights for easements and rights of way to another party. This process ensures the legal and proper usage of designated areas of land and promotes the smooth functioning of both private and public infrastructure.

Michigan Assignment of Easements and Rights of Way refers to the legal process of transferring or assigning the ownership rights of an easement or right of way from one party to another in the state of Michigan. This assignment typically involves the written agreement between the current owner, known as the assignor, and the new owner, referred to as the assignee. Easements, often granted by the property owner, provide designated rights to use a specific portion of another person's land for a specific purpose. This can include access to a roadway, utility lines, or a path for hiking or recreational activities. Rights of way, on the other hand, allow individuals or entities the lawful passage through or over a certain area of land. These easements and rights of way ensure unhindered access to essential resources, services, and amenities for the benefit of local communities. There are various types of Michigan Assignment of Easements and Rights of Way that may occur, including: 1. Express Easement Assignment: In this case, the assignor explicitly grants the assignee the right to use a specific area of their property for a particular purpose, as outlined in the agreement. This can involve granting access to a neighboring property or allowing the installation of utility lines. 2. Implied Easement Assignment: Implied easements are not expressly stated in writing but are implied based on the actions or circumstances of the parties involved. When an implied easement needs to be assigned to a new owner, a written agreement is usually required to ensure clarity and prevent potential disputes. 3. Easement by Necessity Assignment: This type of easement arises when a property owner needs to access their landlocked property through another person's property. If the assignor sells the landlocked property, they would need to assign the easement to the assignee for continued access. 4. Prescriptive Easement Assignment: A prescriptive easement is acquired through continuous and uninterrupted use of another person's property over a specific period, which is typically many years. If an assignor has obtained a prescriptive easement, they can assign this right to the assignee, who then carries on with the same usage rights. 5. Temporary Rights of Way Assignment: In certain circumstances, temporary or limited rights of way may be assigned. This can occur during property development, construction projects, or certain maintenance activities wherein temporary access or rite of passage is required. In conclusion, the Michigan Assignment of Easements and Rights of Way involves the transfer of ownership rights for easements and rights of way to another party. This process ensures the legal and proper usage of designated areas of land and promotes the smooth functioning of both private and public infrastructure.

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FAQ

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.

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.

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.

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 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.

In some cases, a farmer or rural resident may own to the middle of the road. In some cases, the county road agency owns it. Sometimes, the county road agency must buy more of it to complete a road project. In many areas of Michigan, acquiring ROW is the most expensive part of a road project.

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Easement Assignments - $300 for the first easement, add $150 for each additional easement. ... easement areas and rights-of-way must be performed so the natural ... The instrument, a copy of which you have provided me, conveys an "avigation easement" pursuant to which the grantors, husband and wife, for a consideration in ...Existing Encumbrances: This Easement is granted by Grantor subject to any licenses, leases, easements, or other interest in Grantor's Land previously granted by ... Jul 9, 2020 — Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. At Hirzel Law, PLC, our Michigan easement dispute lawyers can help you with any legal issues that arise. Contact us today! Jan 8, 2018 — To qualify as a prescriptive easement, the following elements must be met: the use of the easement must be adverse, the user must believe he or ... Common examples of licenses include baseball or theater tickets and parking rights. In the words of the Michigan Supreme Court, —an ”irrevocable license' by ... Mar 8, 2021 — The City of Ann Arbor is seeking professional services from a Firm or Firms for as- needed easement and right of way acquisition services. The Easement Holder is qualified to hold easements because it is a governmental body empowered to hold an interest in real property under the laws of the State. An easement appurtenant will transfer to new owners. A handy way to conceptualize an appurtenance is that it is attached to the title ownership of the land ...

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Michigan Assignment of Easements and Rights of Way