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

Q: I bought a house in Michigan that has an easement (Ingress, Egress, and Utility) to 10 acres that is landlocked.

The 10 acres is only land but I spoke with the owners and they stated they plan to build a house there.

Are they allowed to build a house with the type of easement it is?

Do they have full rights to use the easement as a daily driveway?

Any way I can prevent this?

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

A: Without looking at the actual documents, I'm speculating, but you probably can't stop it. And yes, they most likely do have full rights to use the easement and build a house. That is the POINT of the easement.

You BOUGHT the land with the easement in place, and should have understood that someone could and probably would develop the other parcel and use that easement. Did you have an attorney explain what the easement entailed when you bought?

The only way you can 'prevent' this is to buy the 10 acres and merge it into your parcel. No separate parcel, no easement required. But as is, you're most likely going to have to live with this.

-- 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

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Real Estate Law Lawyer
  • Knoxville, TN

A: That is usually called an Easement By Implication for the benefit of the grantor and his heirs to his remaining property.

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

A: There is somethin called an easement by necessity. An easement by necessity is an easement implied by law in favor of grantees/ owners that have no access to their land except over other lands owned by the grantor or a stranger. The law will imply an easement over the grantor's land when such a situation occurs.

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