Legal Question in Real Estate Law in Michigan

We are grantors of a drive easement that the grantee is to maintain from time to time but has not done so in the 5 years we have lived here. The driveway was asphalt when each of us purchased our homes. We sent them bids from asphalt companies for maintenance/repairs but they still refuse to maintain it and wrote that they want a country appeal for their home and would prefer the road go back to dirt. Is this good cause to get the easement disolved? They are not land locked, etc. and could put in their own road.


Asked on 10/05/10, 7:06 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

The answer to your question depends on how the easement was drafted. If you deeded an easement, that "runs with the land", then it is a permanent easement. If there is a condition to the grant that requires maintenance, and the level or type of maintenance is spelled out, then you may have standing to bring a claim against the grantees. If there is a reason that the easement must be kept in asphalt, (due to dust, erosion, or some other good reason) then perhaps you can enforce that level of maintenance. If you both SHARE this easement, then your rights are different than if the easement was provided only for their personal use, or if the easement was an "easement in gross" meaning only for them and not "running with the land". You need to take all of your documents, photos, surveys, etc to a real estate attorney to sort out your rights in the easement.

Read more
Answered on 10/10/10, 8:26 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Michigan