Oxford, MI asked in Real Estate Law for Michigan

Q: Is my neighbor allowed to cut the easement assigned to my property?

I own property with a 66ft easement by necessity. My neighbor keeps cutting the grass on the easement after I cut it. I like to maintain 4 inches and he keeps cutting it down to 2 to match his side of the easement. Is he allowed to cut the grass in the easement? He also blows all the grass clippings on my driveway when he does. I have to break out my leaf blower every time he does which makes more work for me.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Fowlerville, MI
  • Licensed in Michigan

A: Is the easement ON your property or FOR your property?

Is the easement ON the neighbor’s property or FOR it?

From the wording I’m assuming you BOTH have a right to use and maintain the property in question.

It doesn’t really matter though because if the easement is either on or for your neighbor then he can ‘maintain’ it in a way not inconsistent with the use as an easement.

Now as to blowing clippings onto your (exclusive?) use property that would be inappropriate. Is your drive also in the easement? That would be a harder push if the grass was just being moved from one part of the easement to another.

You can certainly ASK him to not put clippings onto your driveway but frankly what are your damages? I’d suggest you mow AFTER he does and just avoid the issue. This is an awfully small ‘beef’ and certainly not worth damaging a personal relationship over in my estimation.

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