Legal Question in Real Estate Law in Michigan

Re: Property owners rights reqarding easement

1. Would he be entitled to his own drive? From the facts stated, it certainly doesn't appear so. Some of the factors would be the age of the easement, how long it has been used, whether it has been expanded, and what the original drive (at the time of the grant of the easement) looked like. It is black letter law that an easement cannot be expanded, absent a legal right to do so, or the agreement of the parties.

2. Can he modify my property without my consent? Same comments as No. 1 above. I doesn't appear that he can enlarge or modify the original easement, absent a legal basis (e.g. adverse possession, easement by prescription, or necessity) or agreement by the parties.

3. If I allow him to modify my property would I have rights to what modification are to be made? The two of you could reach a private agreement and you could create either (a) an extension of the easement terms, or (b) a license that would be personal only to him, which means that it would expire when he sells the land or dies.

4. And do I have the right to anything he removes from my property? He cannot remove anything from your property. A holder of an easement only has the right of USE, not the right to POSSESS. Any removal of your property would constitute, at a minimum, a civil trespass, and he would be liable for damages to you.

These little property disputes are a pain - they are expensive in terms of legal costs, and they obviously don't make the relationships with neighbors any closer. BUT, so many times the parties, for convenience sake, ignore the issue and then we end up in court with the other party claiming adverse possession or some other theory to gain title or expanded use of the land.

My strong advice is to retain an attorney and make sure that your rights are protected.

Good luck,

Tom Weiss

Mount Pleasant