Legal Question in Real Estate Law in Michigan
Our property has a right of way easement recorded to it that has been on record since some time in the 80's. We would like to build on the property, but state law has changed the required width from 20 feet, to 33 feet. There is no other access to the property, and we have been unsuccessful getting a new easement from a different direction(neighbor). The township refuses to grant a variance and our building inspector says he can't recall the last time the township granted a variance for anything to anyone. Can I get an easement by necessity or take the matter to court for a variance to have our current easement 'grandfathered'?
1 Answer from Attorneys
You have the right to build on any parcel of land that was "legal" at the time of its creation providing that you do not own adjoining land that could be combined with the parcel in question. It is not up to the building inspector to make a legal determination of your rights for an easement by necessity or prescription. There are some township officials that simply don't know their limitations, and refusing to grant a variance on the basis that they have never granted a variance before demonstrates an ignorance of the law. This is an issue that you need to take up with a real estate attorney. Getting an attorney involved usually motivates the township officials to seek a legal opinion themselves, before denying your right to build.
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