Legal Question in Real Estate Law in Michigan
Scope of Easement Rights
Recently construction in an adjacent development to my condominium has raised these concerns:
The intention of the developer is to construct a road to connect our drive to the adjacent property. This road will cross an existing condominium �Common Element� located between the end of our existing drive and the existing Property Line. The rights of the adjacent Developer allow use of �roads, driveways and walkways on the Condominium Premises� for ingress and egress to their property. However, there is no expressed right to construct new roads, drives, ect. The Master Deed clearly shows that our driveway is a designated �Private� drive that ends approximately 10 feet short of the common property line. If the adjacent Developer builds a road that connects the adjacent development, he would then be using our condominiums deeded �Common Element� that he has no apparent right to transgress.
Would there be a basis to stop construction of this road? Would the developer be responsible for damages to this Common Element?
1 Answer from Attorneys
Re: Scope of Easement Rights
To Whom It May Concern:
This is in response to your email of June 20, 2001, which this office received on June 29, 2001.
From the facts presented in your email, this matter would seem to revolve around the court�s interpretation of the rights of the adjacent developer. If there are no existing roads that would allow access to the new development, then it would seem reasonable to build one. There is probably some case law on this issue.
If you would like us to review the relevant documents and research this issue, you are welcome to contact us at the number listed below.
Sincerely,
Charles L. Nichols
(313) 561-5700
Sincerely,
Charles L. Nichols
(313) 561-5700
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