Scottsdale, AZ asked in Real Estate Law for Michigan

Q: Easement had verbal when my dad was alive now he is gone and the Paper and timber co.'s want big $$ to have access

My father had verbal easement from them and he is dead they don't know my brother or myself so we are screwed I think. Is it possible being they gave them permission in past

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1 Lawyer Answer
David Soble
David Soble
  • Farmington Hills, MI
  • Licensed in Michigan

A: There is no such thing as a 'verbal easement." This is pursuant to a long standing legal doctrine known as the "Statute of Frauds." The Statute of Frauds requires that agreements related to real estate are reduced to writing in order to prevent fraud. Therefore all contracts related to the sale of an interest in land must be in writing. This includes, but is not limited to, an agreement to buy mineral rights, mortgage contracts, options to purchase real estate and easements.

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