Saginaw, MI asked in Land Use & Zoning and Real Estate Law for Michigan

Q: Right of easement?

We own a house with a neighbor who we share a driveway with. We also have woods behind us. The property line is a little uneven, but splits the property in half for the most part. Unfortunately, part of the neighbors property is the edge of the start of our driveway. In our deed, when we bought the house, the seller specifically put that our neighbors could not stop us from using our driveway, but that is exactly what he is trying to do. He said he is going to put up a fence on his property line and take down some trees that are in our lawn since they are technically on the line. We told him if he does that then we will do the same, as he uses our property to shoot his guns and store his trailer. Can he legally stop us from using our driveway?

2 Lawyer Answers
David Soble
David Soble
PREMIUM
Answered
  • Real Estate Law Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: Is there a private road agreement between you? Usually when homeowners share a driveway there is a private road agreement. You may have pull a title abstract to verify this. This will determine the parties rights, BEFORE you have to go to court without any legal guidance.

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Real Estate Law Lawyer
  • Howell, MI
  • Licensed in Michigan

A: What YOUR seller/real estate agent did or did not say is not really relevant. The NEIGHBOR'S deed needs to acknowledge the situation. Did you get legal advice when you bought the place? If not, in the spirit of 'better late than never' the time to hire an attorney to review the situation is NOW.

Boundary disputes can be simple to resolve or complex, but the way to address them is to get real legal advice, perhaps also a survey from a licensed surveyor, and then proceed with the facts and not threats about taking down trees etc. PLEASE seek local legal advice to review all the relevant documents and determine if a survey is needed.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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