Legal Question in Real Estate Law in Michigan
Road and Beach Access Easements
I am the property owner of a parcel of land that includes a Road and Beach Easement. This is deeded to eleven other
parcels. Being the land owner of the parcel that the easement is on, do I have the right to say no if they want to fill in a path to make it easier to get to the lake?
I am only aware that they have the right to use the land in the state it is in to access the lake. What are my rights being the land owner of the parcel? Can any one of the eleven people who have the deeded road and beach access Easement cut and remove trees, fill in a walkway, or build a elavated walkway to access the lake?
I understand if they want to make any improvements to land, they need permission from myself. Is that true?
Am I liable if someone is injured on the easement?
1 Answer from Attorneys
Re: Road and Beach Access Easements
This sounds like an express easement, that is, the rights and burdens are spelled out exactly in a conveyancing document which has probably been recorded on your property. Your rights and responsibilities will be spelled out exactly in this document. Your burden will be no more no less than what is spelled out in the easement agreement. That is, unless the agreement is ambiguous, in which case the other property owners could ask a court to interpret the easement agreement. For more info, please contact my office at (248)851-3171.