Q: I have a private road easement on my land. New owners bought the land behind and are widening and cutting trees and want
To gavel the road. They are tearing up my yard with machinery and parking it on my land. I live in Michigan and on my deed it says my land abuts up to a private road but it runs through my land not on the edge. And in Michigan it needs to be 33 feet wide with a turn around big enough for a fire truck and have 3 or more parcels that abut up to it so it technically cannot be a private road easement what do I do
A: The permissible use of an easement is based on the language of the easement grant. Uses of an easement that unreasonably exceed the grant of easement can be enjoined in court. You will need to set up a consult with a real estate attorney in your area so the attorney can review the documents creating the easement and advise you properly about your rights in this situation.
Kenneth V Zichi and Thomas. R. Morris agree with this answer
A: We would first want to know if the easement agreement was recorded. Second, the easement documents must be reviewed to see what the specified and permitted use is and how the current use of the neighbor violates that easement. Then, a legal cease and desist demand should be issued to the offending parties before any legal action for an injunction is sought. For more information, see www.provenresource.com
Thomas. R. Morris , Kenneth V Zichi and Trent Harris agree with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
