Asked in Land Use & Zoning and Real Estate Law for Michigan

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

2 Lawyer Answers
Trent Harris
Trent Harris
Answered
  • Real Estate Law Lawyer
  • Jackson, MI
  • Licensed in Michigan

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

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

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

Trent Harris , Kenneth V Zichi and Thomas. R. Morris agree with this answer

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