Legal Question in Real Estate Law in Michigan

Re: Use of uplatted road across private property

Emminent Domain applies to governmental action only. It sounds like the Association is asserting "adverse possession" or "right by acquiessence" over the property. I would immediately take action to deprive anyone access to the property. Post signs stating it is private property and trespassers will not be tolerated. This should solve your problem. It is imporatnt that you assert ownership and deprive others of its use. For more info, please contact my office at (248)851-3171.

Re: Use of uplatted road across private property

Eminent domain is a power of government, not of private citizens or associations. Even if the city or township in which the property is located were to claim eminent domain, it would have to demonstrate need for use of your property as an access. The question suggests that the use of the property as a "driveway" is intended to benefit only the abutting property owners, rather than the municipality.

The law does provide for an "easement by necessity", which must be determined by a court of law, after a trial on the issue. An easement by necessity is granted generally where a parcel is "landlocked", which means that no other easement or public access is available for the parcel. It will be difficult for the abutting owners or the subdivision association to demonstrate the necessity for an access easement, if other legal easements are available for accessing the abutting parcels. Convenience is not a basis for an easement by necessity.

Before considering whether to block the path which the abutting landowners are using, you should consult an attorney who is familiar with property law and who will have an opportunity to investigate all of the relevant facts which will affect your rights and obligations.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.

Re: Use of uplatted road across private property

I believe the association may be claiming ownership rights by "adverse possession" rather than "eminent domain." Don't repeat that phrase however and give the association the heads up. Adverse possession occurs when a party other than the title owner uses property openly as his or her own for a period of years (15 years in Michigan, I believe). If this is the case, you would likely need to file a complaint to quiet title. Please consult with an attorney in your area to clarify your legal rights and which actions, if any, you should take. Time may be of the essence if there is an adverse possession claim.