Legal Question in Civil Litigation in Michigan

Re: Maryanne

This sounds like a complicated property issue involving an easement by necessity and potential agreements with prior landowners concerning the use of this road. One would need to see all restrictive covenants for the properties, and whether they were agreed to by subsequent landowners.

Re: Maryanne

Sounds like you need a lawyer. Bill Stern 248-353-9400

Re: Maryanne

The rights of the parties will depend upon whether any agreements are in place concerning the use of the road. The terms of an agreement should address what rights the landowners have and what restrictions, if any, apply. If no agreements are in place, then it may be necessary to file a lawsuit to ask a judge to determine whether the property owners are entitled to an easement, on the basis that it is necessary for ingress, egress, maintenance, and safety.

It is possible that an agreement already applies to the land. It could be contained in each deed to the property, or it could be a separate master deed, which applies to each parcel which has rights to use the road. In order for one of the landowners enforce those restrictions (such as speed limits, trash collection, etc.), it usually is necessary to file a lawsuit to ask the court to enforce the restrictions. Self-help, such as erecting a fence to impede use of the road, usually is not permitted. If it unreasonably interferes with normal use of the road, the interferor could face court action him/her-self.

If no agreements or restrictions already are in place, then it will be necessary for a court to decide the rights of the landowners. Michigan law provides that, in most instances, no parcel of land should be "landlocked" or unusable, so courts have the ability to determine that an easement across land is necessary to make the parcel usable. The court can impose conditions to the use of the land or roadway. The court would take into considerations facts and circumstances affecting all of the parcels, not simply the desires and wishes of one landowner. If the road is to be used by all, then the courts usually look to a common purpose, rather than the peculiarities of one owner.

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.