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

Q: I'm buying a home that has an easement, can I legally build a garage that overlaps the easement

The lot is .52 acres, however with the easement the home and yard are on .30 acres the rest is easement

2 Lawyer Answers

A: You will need to pull a copy of the easement agreement from the county recording office. Proceeding without permission from the entity that owns the easement is risky. Is this a utility easement or sewer easement? Who owns this easement? You risk having to take down the garage at a later date if you do not have the information that can address these issues first. Check out www.provenresource.com for more information.

Thomas. R. Morris agrees with this answer

A: When it comes to infringing on an easement, it might be wise to first contact the persons who use the easement and ask them if they would be ok with you moving it. On the other hand, it sounds like this particular easement takes up a large portion of the useable yard, so perhaps this easement isn't traditional or isn't being used. You'll probably be furthest ahead by calling an attorney directly.

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