Legal Question in Civil Litigation in Michigan
Maryanne
We live on a private road. Neighbor is tired of the building. Doesn't want anyone driving over the posted 15 mph. Wants all neighbors to use the same garbage man to limit traffic and only one mail person allowed down the road once a day. Each person owns property directly in front of their driveway and use of road is consentual. She has forbidden anything other than a licensed vehicle to pass and stated that she will put up a fence if necessary to slow people and not allow anyone to pass that she doesn't want to. Can she do this and what is the motor vehicle code in michigan. The older kids ride 3 wheelers back and forth to each others house and the cops have stated it's a private road and there is nothing she can really do. They are not disrespectful and follow the posted speed (or risk losing the priviledge) If she can do this, what's to prevent us from putting a gate as well? We live at the front of the road. What if someone is needing medical attention? An ambulance driver would have to stop, get out, open gate, and then proceed wasting valuable time better spent saving someone's life, correct? Please let me know immediately what the law is. This neighbor has been a thorn on the road as well as community for years and years
3 Answers from Attorneys
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.
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