That being said, an unrecorded easement Is much harder to establish. Public Meetings; Disclaimer: this website is for general legal information only. law enforcement, legislation, rules and regulations. 1, 1988 in gross benefit a particular individual or company. (b) The public utilities first using an easement shall be reimbursed by later users for all rearrangement or relocation costs. In that case, the easement at issue was recorded in 1965, and was for a 25 feet wide roadway to access lakefront property on the other side of an orchard. michigan easement law. How they managed themselves, managed our case, and represented our church set the table for me and our church to be where we are today. [2] A property easement is a legal situation in which the title to a specific piece of land remains with the landowner, but another individual or entity is given the right to use that land for a distinct purpose. easement for other purposes. Sometimes, property owners will be aware that their use Michigan Easements, Lake Access and Riparian Rights, Church Property Disputes and Denominational Splits, Business Law: Defense, Litigation and General Counsel. Then, in 1989, the successors to the original parties amended the easement agreement. from expanding his use of the easement without the consent of the These strips or corridors of real estate intersect to create our road network. The easement is a real property interest, but separate from the legal title of the owner of the underlying land. In 2018, the plaintiffs decided to sell their property. Once a landowner grants an easement, he is prohibited from interfering It is not uncommon for private landowners to obtain or seek out easements in order to access or utilities such as a sewage line. In most cases, the easement rights holder, i.e., the party that directly benefits from the easement, is primarily liable for negligently creating a hazardous situation that may result in an accident. Nonuse, by itself, is insufficient to show abandonment. Limitation on the use of the easement by third parties without the grantors specific consent. An easement is different from a license: a license to use land is given to a person and is temporary, while an easement is given to owners of land and is almost always permanent. In 1965, two adjoining property owners entered into an easement agreement. For example, a utility company may have an easement that allows them access to an electrical pole on your property. This was a critical difference, and ultimately led the Courts decision that a right did exist to build a dock in accordance with the 1989 amendment. However, the process and navigation in obtaining such access is where issues may arise depending on the type of easement a landowner may seek. 2018-12-17T09:30:56-05:00Xerox WorkCentre 59452020-03-19T13:29:06-04:002020-03-19T13:29:06-04:00Xerox WorkCentre 5945MDOT, MCSAuuid:d6c2b9c6-b084-42aa-b2e5-fbf6da2b6676uuid:d1878e59-c2ce-4af7-8669-454dbe2421c3application/pdfEasement for Underground Utility Tunnel at Straits of MackinacMCSAMDOT, MCSA An easement by (1) Notwithstanding section 222, a public utility easement that is part of a recorded plat may be relinquished without filing an action in circuit court if a written agreement for that purpose is entered into among all of the following parties: (a) Each public utility or municipal entity that has the right to use the recorded easement. are characterized by the existence of a dominant tenement and a servient easement. Public roads in Washtenaw County are located on either an easement or deed interest in real estate, both of which are commonly referred to as the right of way. appurtenant benefit a specific parcel of land regardless of It does not establish an attorney-client representation with any user, and individuals seeking attorney representation or with a specific legal question or issue should contact an attorney for representation. This site is intended to provide accurate and timely legislative information to the citizens of the State of Michigan and other interested parties. In order to see when an easement might come into play, let's look at a couple of quick examples. Miscellaneous easements may be reserved for the following purposes: (1) Public easements which are for utility purposes (e.g., water, electricity, communications, oil, gas, and sewage) may be reserved and shall be based upon present existing use. easements appurtenant and 2) easements in gross. This type of easement occurs when a parcel owner creates a landlocked parcel but does not create an express easement. n. the right to use the real property of another for a specific purpose. 4. Such uses include rights-of-way for state highways, county roads, electric utility lines, telephone lines, railroads, oil and gas pipelines, telecommunication sites and similar uses. A utility easement is an easement which gives a utility the right to use and access a specific area of a property. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The attorneys of Dalton & Tomich, PLC have the experience and the knowledge to work with you to develop a legal solution that helps accomplish your goals. If an easement deed is executed in Michigan, it can be . A recent unpublished opinion by the Michigan Court of Appeals, Burns v. Romaya,brings to light an issue to be aware of when encountering an easement for utility access under the law of necessity. USE THE BUTTON ABOVE TO VISIT THE WINTER FUN HOMEPAGE or go directly to you area of interest below: Find facility info, overnight info, an event calendar and much more. If you are involved in an easement dispute, you should around poles or under towers? Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. At the trial court level, the court found that the change from wood chips to wood planks was not allowed under the terms of the easement. Generally speaking, utility easements are quite common and permit the entry or crossing of property to install, maintain, operate, and inspect utility infrastructure. February 16, 2023 Page 2 Michigan Compiled Laws Complete Through PA 3 of 2023 Courtesy of www.legislature.mi.gov . (a) Any deed or instrument that initially grants or reserves an easement or right-of-way shall describe the easement or right-of-way by any of the following: (2 . The basis for the finding was that wood planks were a paving material, and paving materials were not allowed under the express terms of the easement. Classes & Workshops; What might you want to use the land for in the future? Even if the language of an easement grant is clear, disputes do arise over the scope of an easement, including what rights were granted to the dominant estate. burdened by the easement is called the servient tenement. misuse. The key distinction here is that the neighbor has gained an agreement to be able to access that portion of the property, often for a specific purpose. Visit the grants home page by clicking on the button above, or view a specific area of interest below: Accessible recreation opportunities in Michigan, All DNR-related boards, committees, and advisory groups, Find seasonal, part-time and full-time job openings with the DNR, information about volunteer and donation opportunities. Prescriptive easements occur when the landlocked property owner obtains an easement through adverse possession by claiming that they have used the easement for a certain length of time. Easements in Michigan can be terminated by one of a handful of ways depending on the type of easement involved and the language of the easement itself. In most instances an access easement or easement for ingress and egress permits the owner of one land to use another's land to access a public road from the owner's land. for a specific purpose, an easement holder does not have the right to use the Easement by Necessity . 358480), the plaintiff sought an easement that ran under the defendants property, in order to access a sanitary sewage line. Is farming allowed over a sub-surface installation? The assumption is that the party that holds an easement right can, at some point in the future, invoke those rights under the easement, even if those rights had not been invoked for a long period of time. In October of 2021, the Michigan Court of Appeals issued the decision of Turvey v Jennifer Mario Biondo Trust UAD 11607, per curiam opinion dated October 14, 2021, Docket No. The holder of the easement was also provided a right to pave the roadway. Common Law Ways of Necessity. Further, this Court stated: [I]t does not follow from mere nonuse that the purpose for which an easement was created no longer exists. Id. An easement is the legal right to use another person's real property, for a specific purpose as well as a specific amount of time. Michigan law recognizes an easement by necessity. the property over which he claims the easement has been open, notorious, and It is not on the real estate title which does show easements for ultiltes and sewer that are no where near the cable box. Many of these issues that arise in dealing with entities are land use related. While the State of Michigan recognizes easements for utility access, when they are sought through claims of necessity, such easements do not hold the same recognition by the courts. As a result of the defendants representations to potential buyers, the plaintiffs filed a lawsuit seeking, in part, for the court to order that any owner of their property could build a dock in accordance with the 1989 amendment. He is licensed in both Michigan and Illinois. Posted on Oct 16, 2014 Easements can be valid even when not recorded. When potential buyers were interested in acquiring the property, they were told by the defendants that if they bought the plaintiffs property, they could never build a dock. The defendants plan was that there would be four buildings, each housing six residents plus spouses, in the development. He is licensed in both Michigan and Illinois. Easements in Michigan can be terminated by one of a handful of ways depending on the type of easement involved and the language of the easement itself. Dalton & Tomichs expertise and experience helped us through a very difficult legal journey, ultimately achieving a favorable outcome. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. An attorney will review the facts of your By law, the director of the DNR has the final authority to approve or deny a request for a private-access easement on state-owned land. See Michigan Laws 560.102 (1) Notwithstanding section 222, a public utility easement that is part of a recorded plat may be relinquished without filing an action in circuit court if a written agreement for that purpose is entered into among all of the following parties: Three elements must be proven to establish an easement by implication: 1. (e) Nothing in this act shall be construed to limit any regulatory powers possessed by municipalities with respect to public utilities. One of the most common easement disputes involves 1994 (207.526, Michigan Compiled Laws). Although not discussed in the Heator case, examples where an intentional abandonment of an easement have been found in other Michigan decisions include: As mentioned above, and as the Heator case showed, simply because an easement, or a right granted in an easement, is unused, does not mean that it is automatically terminated. Recently, the Michigan Court of Appeals has issued multiple decisions that are relevant to deciding the scope of easements under Michigan law. 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. Terms Used In Michigan Laws 560.190 Land: means all land areas occupied by real property. property. A Traverse City, Michigan, based blog analyzing real estate and property issues, maintained by Andy Blodgett. Outlined here are things to look for in an easement document and discuss with your lawyer. A person cannot invoke a necessity when accessing a neighbor's land can provide a quicker or faster access to the public roads when the property is not effectively landlocked. 1 Easement in gross In this type of easement only property is involved and the rights of other owners are not considered For example a public utility line easement would be an easement in gross and would be recorded in the public records. landowner. Easement and right-of-way; description of property; exception for certain public utility facilities and mineral leases. Michigan: Miss Dig 811 or 800-482-7171. Receive new posts and information on northern Michigan real estate. DNR educators provide classroom lessons, field trip opportunities, professional development and experiential programs to teachers around the state. Use the button above to visit the target shooing and archery home page, or go directly to one of the pages below: Find snowmobile trail permit info, maps, rules and regulations and more. Do You Need to Be Licensed to Perform Residential Construction Services? survey, and recommend an appropriate course of action. Under a long-standing law in Wisconsin, those parties holding easements will need to re-record their easement rights periodically or their ability to enforce those easements will be lost. You may need an access easement to cross over someone else's property to enter or exit your own property. While easements for utility access may be created and enforced through written instruments, occasionally easements will be established through implication or operation of law. A property easement is generally written and recorded with the local assessor's office. Riparian Rights for Backlot Owners in Michigan, Establishing Boundary Lines Through Acquiescence in Michigan. For example, suppose a particularly large tree in your backyard is interfering with network connectivity. An easement is an interest that may burden another persons' land. easement. Therefore, if your property is encumbered by an easement that is potentially troublesome, you may only have two options to obtain clarity: (1) seek and obtain an agreement from the holder of the easement that can be recorded terminating or releasing the easement in whole, or in part; or (2) seek an order from the court that the easement has been abandoned. We can provide advice and guidance regarding potential easement agreements and can help resolve easement-related disputes. We administer grants that enable our local partners to promote the lifestyles we all enjoy by providing recreational opportunities, enhancing wildlife habitat and ensuring public safety. endstream endobj 30 0 obj <> endobj 32 0 obj <>/Lang(EN-US)>> endobj 33 0 obj <> endobj 43 0 obj [ 33 0 R/XYZ null null 1] endobj 44 0 obj <> endobj 45 0 obj [ 46 0 R 47 0 R 48 0 R 49 0 R] endobj 46 0 obj <>stream In its simplest form, an easement is a legal right for one party to use property owned by another party. In its simplest form, an easement is a legal right for one party to use property owned by another party. In doing so, the Court stated that there was ample evidence that the plaintiffs intended to abandon the idea of a dock in 1995, but no evidence was presented that the plaintiffs intended to forever abandon the easement right to build a dock. Future easements for these purposes may also be reserved, but only if they are site specific and . permanent and obvious use was imposed on one part of the property for the The Court of Appeals stated that the language of the easement was ambiguous as to what was intended by the limitation to use wood chips or similar natural material, and that the trial court should have allowed the plaintiffs to put this evidence into the record. Background on easements. A person seeking any of these easements must bring a legal action in court and will have the burden of proving the requirements for establishing such an easement have been met. Exemption from County Real Property Transfer Fee is claimed under authority of . (Duty to restore land surface. An easement by necessity is a certain right that is "essential" or "crucial" for a property owner to fully enjoy their property. If there is any one takeaway from these appellate decisions it is that the scope of rights granted by an easement can be confusing, and that confusion exists if your property is allegedly burdened with an easement or if you believe that you had a right to use someone elses property. Prescriptive easements are created when someone else adversely, and without the permission of the owner, uses the land for a continuous period of time. Another way that an easement can be terminated in Michigan is by abandonment by the holder of the easement. Whos duty is it to remove poles, towers, footings, etc. Jan. 1, 1963 There is a lot of work that goes into the review of a private road easement request. Mar. Click the box above to see all species, or click the species group below. Sorry, the comment form is closed at this time. Right of Way. . For example, a utility company may retain the right to enter a yard in order to gain access to pipes or . Typical easements are for access to another property, (redundantly often stated "access and egress," since entry and . x\mo8_a,p")mnV'3HIdI#T$E/?gp}~~h.?4/~}Q!r_IVX}r+WBv?\7?}qW[wwoNw52HU%Z4HJF V8#q*g( &WiVKrM }7']WESUy}WA!'&*5|aErepE-J:>v^}xwquP(TJ2^@[)*i=>|, Easement for Underground Utility Tunnel at Straits of Mackinac. benefited property. In Burns v. Romaya, unpublished opinion issued by the Michigan Court of Appeals on August 4, 2022 (Docket No.