Easement/Trespassing

[tim m larabel]

Jurisdiction

Michigan

I am having problems with my neighbor trespassing on my property. He has an easement. The easement was surveyed last year and shows the stake on my property. I do not have any documents showing and easement in my deed. The state of Michigan , whom i bought the property from said noting about an easement. I want to fence off the property to show the boundries. It will be difficult to sell the property if the is an easement cutting through it. Please see pictures. Ops I do not see a way to post pictures here ?? Any help, Tim
p.s. i found it, see attached pictures

 

[army judge]

I am having problems with my neighbor trespassing on my property. He has an easement. The easement was surveyed last year and shows the stake on my property. I do not have any documents showing and easement in my deed. The state of Michigan , whom i bought the property from said noting about an easement. I want to fence off the property to show the boundries. It will be difficult to sell the property if the is an easement cutting through it. Please see pictures. Ops I do not see a way to post pictures here ?? Any help, Tim
p.s. i found it, see attached pictures

You have a looming issue that you need to begin resolving today.

You'll probably need the services of an attorney specializing in real estate or property law.

I suggest you begin your search tomorrow.

If you know an attorney or two, start by asking them for qualified candidates.

Your relatives and friends who have used the services of an attorney can also be useful, along with your county and/or state bar association.

 

[adjusterjack]

I am having problems with my neighbor trespassing on my property. He has an easement.

Uh, no, he has an easement through part of your property. He's not trespassing. And you can't fence off his easement.

The easement was surveyed last year and shows the stake on my property. I do not have any documents showing and easement in my deed.

Well, if the survey picked it up, there's a document somewhere. The survey should reference the recorded document. Or, you can ask your surveyor for a copy.

The state of Michigan , whom i bought the property from said noting about an easement.

I suspect that the state of Michigan had some sort of a disclaimer in it's information about the property.

Please see pictures.

The pictures don't tell us where the easement is, neither did you.

It will be difficult to sell the property if the is an easement cutting through it.

Properties with easements get sold all the time.

 

[welkin]

The pictures don't tell us where the easement is, neither did you.

Assuming that up is north and OP's property is in the center of the parcel mapper, it appears that the easement starts on the northern property and then cuts back onto OP's property.

 

[zddoodah]

He has an easement.

I do not have any documents showing and easement in my deed.

What does "my deed" mean? Is it the deed by which the seller transferred title to you? If so, it's not really unusual that the deed wouldn't mention the easement. What about the policy of title insurance you (hopefully) obtained when you bought the property and the preliminary title report you (hopefully) obtained during the process? Do they mention the easement? If not, then why do you think your neighbor has an easement? Also what is the nature of the easement?

I am having problems with my neighbor trespassing on my property.

How is your neighbor trespassing?

It will be difficult to sell the property if the is an easement cutting through it.

Oh? Did the person who sold it to you have any difficulty selling it?

Any help

I'm not sure what help you're seeking from anonymous strangers on the internet, but you'll at least have to describe the relevant facts better. Based on what you've told us, the only helpful thing anyone can do is suggest that you consult with a local real estate attorney.

 

[tim m larabel]

here's what i've found out so far. The info survey company is going on is from 1947 when an easement was granted by the state of michigan to consumers power to put electric in. A utility easement is not a private easement. I have talked to 3 attorneys. One said very winnable case. Only cost me 10 to 15k to fight it. One said "prescribed easement". It does not qualify for prescribed as it has not been open and notorious. I didn't see how egregious the problem was until i had a survey done in 2016. That survey only showed a driveway going across my property no stakes were put there only where it shows in the pictures. Picture is from my county parcel lookup. Stakes were placed exactly where that shows in the picture.
Neighbor to the north where easement begins and neighbor behind whom the easement is for have a contract. My name is not on that contract nor is the state of michigan's name on it.
I want to go to the survey company they hired last year to put stakes in on my property and point out to them that they are using coordinates that date back to 1947 and that they need to restake the property and leave my property out of it. I believe the neighbor behind would then respect that staking and would stay off my property.
What complicates the whole problem horribly is the fact that these people behind me have been dead set against me building where i did from the beginning. I even offered him the property before i decided to build. He said he didn't want it. But boy did they come unglued when i started cutting trees down to start building. WWWOOOOWWWW !!!!
I would ideally like to have gone to the neighbor and ask is there some comprimise that we can come up with but, he has been uncooperative in several attemps including the township supervisor and the sheriff in talking about it. So i guess at that point you say "i guess i will go for all of it " and screw you buddy !!! Horribly sad that in this day and time that sort of approach needs to be taken. SAD !!!

 

[zddoodah]

I didn't carefully read the second paragraph of your follow up post, but you seem to think it's significant that the easement has been around since 1947. It isn't. Easements don't necessarily expire.

You also didn't answer my questions about the title report and title policy, but perhaps you didn't see my prior post.

In any event, if you want to resolve this, you'll need the assistance of an attorney.

 

[tim m larabel]

I didn't carefully read the second paragraph of your follow up post, but you seem to think it's significant that the easement has been around since 1947. It isn't. Easements don't necessarily expire.

You also didn't answer my questions about the title report and title policy, but perhaps you didn't see my prior post.

In any event, if you want to resolve this, you'll need the assistance of an attorney.

There is nothing in the title report about an easement. I don't dispute that easements don't expire. A utility easement is NOT a private easement. And state land can not be adversely possessed. State of michigan would only grant a utility company an easement. NOT private. They ideallly should have gotten a "special use permit from the state to drive over state land to the south of them. That way they would have there own private drive and not be "burdening " my property and the neighbor to the north.
Maybe you didn't read the part where i said i have talked to 3 attorneys about the issue ???

 

[PayrollHRGuy]

There is nothing in the title report about an easement. I don't dispute that easements don't expire. A utility easement is NOT a private easement. And state land can not be adversely possessed. State of michigan would only grant a utility company an easement. NOT private. They ideallly should have gotten a "special use permit from the state to drive over state land to the south of them. That way they would have there own private drive and not be "burdening " my property and the neighbor to the north.
Maybe you didn't read the part where i said i have talked to 3 attorneys about the issue ???

Have you talked to your title insurance company?

 

[tim m larabel]

Have you talked to your title insurance company?

Yes i have talked to the title company. They said that there alot of unrecorded easements on properties. County said the same thing. That just because they have no record of it doesn't mean it doesn't exist.
Sent letters to both neighbors asking to sit down with a mediator to work things out ,but, neither wants to talk about it. Pretty damn rude if you ask me. What's the harm in at least sitting down with a neighbor and talking. Where i grew up , that's what neighbors do !!!

 

[PayrollHRGuy]

Yes i have talked to the title company. They said that there alot of unrecorded easements on properties. County said the same thing. That just because they have no record of it doesn't mean it doesn't exist.
Sent letters to both neighbors asking to sit down with a mediator to work things out ,but, neither wants to talk about it. Pretty damn rude if you ask me. What's the harm in at least sitting down with a neighbor and talking. Where i grew up , that's what neighbors do !!!

I didn't ask about the title company. I asked about the title INSURANCE company.

 

[adjusterjack]

Reality check: Your neighbors are stonewalling you because it costs them nothing to stonewall you while they keep using the driveway. They are betting that you don't want to spend the money to take it to court and they don't have to spend a dime to continue the status quo.

Here's an option. You'll have to accept the risk of getting sued but it will put the ball back in their court. Buy some 300 lb boulders and line them up just inside your property line (decorative landscaping) effectively cutting off that part of the driveway that crosses your property.

It looks like they will both still have enough room to get to those parking areas.

Then they have to decide if they want to spend the ten or fifteen thousand dollars to enforce an easement that might not be enforceable.

The boulders won't cost much and are easily movable if they decide to come to the table and negotiate a real easement that gives them a few more feet or if you back down from a lawsuit.

If you do get sued, your title insurance policy might pay for your defense.

 

[zddoodah]

There is nothing in the title report about an easement.

Then you (or the attorney you hire) may want to speak with the company that issued your policy of title insurance.

 

[welkin]

A utility easement is NOT a private easement. And state land can not be adversely possessed. State of michigan would only grant a utility company an easement. NOT private.

I would like to know where you get the notion that a utility easement cannot be granted to a private estate? Adverse possession has nothing to do with a granted easement.

I would be willing to bet that back in 1947 an access easement for the property behind you was granted that also included the installation of utilities. Why? Because there is no justification for a utility easement without access to the property. I would guess that all of the surrounding property might have been owned by the state which was later developed. You said you bought your property from the state. Now the state owns none of it and the easement is on private properties.

If the survey company found the grant then you should be able to find it also in the county recorded records going back to 1947.

Any attorney that tells you can win a case to move or have the easement extinguished is not worth a $2 retainer. You can't extinguish a granted easement except for very narrow reasons which do not exist in your case. You can however relocate an easement by agreement between both servient estates and the dominant estate. If any one of the estates says no the easement stays where it is.

From the satellite image you posted there is no other access to the property behind you giving more credence to the fact that the easement is for ingress/egress and not just for utilities. If you block any part of a granted easement it's going to cost you plenty in legal fees and you will lose.

 

[adjusterjack]

From the satellite image you posted there is no other access to the property behind you giving more credence to the fact that the easement is for ingress/egress and not just for utilities. If you block any part of a granted easement it's going to cost you plenty in legal fees and you will lose.

I have to agree with that after taking a look at the street map. There's no street access to the other side of that property. It's landlocked.

I wonder why OP didn't figure this out before buying the lot.

 

[welkin]

I have to agree with that after taking a look at the street map. There's no street access to the other side of that property. It's landlocked.

Well technically the property is not landlocked because of the easement. If not for the easement the property would be landlocked. And that is why that easement will never be extinguished. It is against public policy to create or have landlocked properties.

I wonder why OP didn't figure this out before buying the lot.

My guess is that buyers of property don't know or understand what an easement is or why they are granted.

 

[Red Kayak]

I wonder why OP didn't figure this out before buying the lot.

At they very least, they should have taken it into consideration before building. Just common sense in site planning.

It seems to me that if the situation were approached with more understanding - that yes, the other property has a need for an entrance/egress, and acting out of that attitude, perhaps mediation would have been possible. I would go so far as to say that it would be reasonable for the newer owner (OP) to approach this as, "Hey, I'd like to formally recognize this easement before building." Because if the easement for entrance/egress is formalized, OP could fence off/limit their neighbor's access to their property that is not part of the easement.

And I would think that the 1947 records STRENGTHEN the neighbor's claim.

 

[tim m larabel]

All very good arguments. Thankfully the survey company neighbor behind hired agrees with me. They think that a contract between one servient neighbor and dominant is not legal as there are 2 servient properties, one not being considered, me or op as you call me for some reason.
You know the whole thing could be easily solved with communication. The reason i started this crusade is because the 45ish year old woman that lives there that demonstrated she didn't want us there to begin with approached me while i was parked just off the edge of the easement. I had been cutting wood up from the clearing of the property and she pulled up and said "why are you parking on our property ?? " Then started going about my contractors and what not. I ignored her and waited til she moved and drove away. She doesn't understand that all they have is a "right" to drive on an easement, not own the land. That lit me on fire. Here's people that are upset that i built next to them when they had every opportunity in the world to buy back when. Now they think they own the property ?? I don't think so. Also not aware that you can not park on an easement either. He pulled his little boy tonka truck up on it and started reveving it for about and hour one day when he found out we were trying to fence it off. And yes had we done that they still would have had plenty of room to get to and from their property. I called the sheriff and told them he has to move his truck, he can not park on an easement. He finally did after about 3 days. I moved in next to 2 year olds. WOW. And yes , there stonewalling is costing them dearly. It's taken their piece of mind. You can see it in their faces. Pretty high cost to pay when just sitting down over a beer or coffee could have solved alot. I know everybody on law sites pushes for lawyer lawyer lawyer. I don't have alot of money. I don't have a trilevel ranch with a walk out basement. Just a little house i worked all my life to build.
But ya, before i approach survey company about restaking the line , i will talk to title INSURANCE company and find out what they have to say about it. Thanks all for the interesting conversation.

 

[adjusterjack]

op as you call me for some reason.

OP means Original Poster or Original Post referring to you, who started the thread, or your first post in the thread. It's a shorthand that we use so we don't have to type out your user name every time we refer to you.

Thankfully the survey company neighbor behind hired agrees with me. They think that a contract between one servient neighbor and dominant is not legal as there are 2 servient properties, one not being considered, me or op as you call me for some reason.

Depends on who granted the easement to who. Do you have a copy of the 1947 easement document? Who granted it and what does it say? Upload a copy so we can read it and speak intelligently about it.

 

[tim m larabel]

OP means Original Poster or Original Post referring to you, who started the thread, or your first post in the thread. It's a shorthand that we use so we don't have to type out your user name every time we refer to you.



Depends on who granted the easement to who. Do you have a copy of the 1947 easement document? Who granted it and what does it say? Upload a copy so we can read it and speak intelligently about it.

I will look through the pile of papers i have and upload it. My recall is that it simply states that the state of Michigan grants consumers power an easement to cross state land. Which back then , it was probably all state land. That's why it is my belief that they didn't or tried to approach the state and were turned away. Or at least they should have. Again, even without this easement they have other options. They could have a driveway that does not burden any property by applying to the state for a special use permit. Then they could make a new driveway that is all their own and would simply pay the state a nominal annual fee, 120 bucks. They are about 1/4mile off the black top so, it would be a supper big deal. I'd even pitch a couple thousand to offset the cost. Feel that would be money well spent for 2 neighbors to get their property back.
Just a side bar, recently we had a foosball table misdelivered by FedEx. I have a video of the fedex truck driving to neighbor behind and dropping off the package. FedEx tracking said dropped off at back door. This was in February. Our back door is a slider out to a deck that was under 2ft of snow. All packages delivered here are dropped at garage or front door. When the fedex driver went back there a week later and not the original driver, they said they knew nothing about it. A day later we had the sheriff here and he went back there. They should him around and the garage and said they had something the same size delivered that day but no foosball table. The foosball table was for my grandsons 8 and 11 so they had something to do here other play video games all day. Ebay returned my money because i had a police report. But, this shows what type of people im dealing with. Sad