Legal Question in Real Estate Law in Michigan

easment

I have property with no easment to get to it, is there a law that gives me the right to a easment to the property, or is it land-locked so I can't use it?


Asked on 1/03/03, 11:21 am

1 Answer from Attorneys

Thomas Weiss McClintic & Weiss, P.C.

Re: easment

Hello!

Yes, there is a provision called an "easement by necessity":

An easement by necessity may arise either by grant, where the grantor (the "seller") created a landlocked parcel in his grantee (the "buyer"), or it may arise by reservation, where the grantor splits his property and leaves himself landlocked. Regardless whether the easement at issue is implied by law or by reservation, the party asserting the right to the easement need only show that the easement is reasonably necessary, not strictly necessary, to the enjoyment of the benefitted property.

There are other options as well; for example, a prescriptive easement may be a possibility if there is some sort of access road or path that has been in use for at least 15 years.

This is pretty technical stuff requiring the assistance of an attorney specializing in real property issues. Since the law is involved and must be specifically addressed by element (of which there are a number of elements for each cause of action), it would be VERY difficult for a non-property lawyer to prevail - not impossible, just very difficult.

Good luck,

Tom Weiss

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Answered on 1/03/03, 11:46 am


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