Legal Question in Real Estate Law in Michigan
private road easement
If there is a private road easement of 33 feet, but the road itself is 19 feet, does that entitle the neighbors to use the rest of the 33 feet on your property. The road is not centered so some properties have more grassy area in the easement than others. Does it entitle a neighbor to put their driveway in the easement on your property?
1 Answer from Attorneys
Re: private road easement
If there is an easement of 33 feet belonging to the owner of the easement, then the use of 33 feet belongs to the easement holder, unless the easement has been extinguished. If the of the easement is for a private road, then it must be limited to the use of a private road. In certain situations, someone with a driveway would be allowed to put the driveway across part of the easement to access the road.
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