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Easement/Trespassing

Discussion in 'Buying & Selling a Home or Residence' started by tim m larabel, Apr 13, 2021.

  1. adjusterjack

    adjusterjack Super Moderator

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    Which black top? 17 Mile Rd or the un-named street east of you? Either way they would need easements through other properties that they would probably have to sue for and then incur the cost of installing a driveway. You would like them to do that but they have no obligation to do it. Especially since they can just ignore your protestations and keep using the existing driveway until you are willing to spend the money to go to court on it. The risk there is that the neighbor behind you could be entitled to an easement by necessity (even if the northern neighbor might not be) for the shortest distance between his property and Division St which, you guessed it, is the driveway that exists now.

    Still curious as to how the 1947 easement reads.
     
  2. welkin

    welkin Active Member

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    There may not be any languish granting the easement. It may be an easement by a recorded subdivision plat.

    If the state subdivided the land in 1947 to sell parcels and depicted the easement on the plat to get to a landlocked parcel and then recorded the plat, the easement to the back lot is a grant.

    The most recent case from court of appeals,

     
    army judge likes this.
  3. tim m larabel

    tim m larabel Law Topic Starter New Member

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    Here is a document i have that in my opinion covers everything. It is a contract between 2 parties. The easement involves 3 parties. Originally the state of Michigan and now me. Neither is listed as a party in this contract. Therefore, i want my land excluded from the contract.
    Tried uploading.....too big.
    Let me ask you this Welkin and Adjusterjack, what would you do in my situation ?? Don't care to spend 10 to 15k on this. But, very irritating that a large part of your property is being used by Rude neighbors. ?? What would you do ??
     
  4. zddoodah

    zddoodah Well-Known Member

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    Hire an attorney.
     
  5. tim m larabel

    tim m larabel Law Topic Starter New Member

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    Talked to live and in person 3 different attorneys. All had different answers.
    Please see attached. Resized contract between the two neighbors listed. I'm not a party and do not want to be. How to fix
     

    Attached Files:

  6. army judge

    army judge Super Moderator

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    I can't answer for anyone but lil, ole me.

    I'd place my property on the sale block and begin searching for another abode.
     
  7. tim m larabel

    tim m larabel Law Topic Starter New Member

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    Great time for selling. Really bad time for buying.
     
  8. welkin

    welkin Active Member

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    Your property is not included in the contract (grant) so how can it be excluded? It doesn't apply to you. It is between two property owners that bought property from the state and they agreed to a common driveway (an easement across their land). But at some point there was a grant of an easement across your property before you bought it. And you did buy the property knowing that there was an easement across it. How that easement came about is a matter of record at the county level and I don't think you have done any research to find out how it came about.

    My guess is that when you bought the property from the state there was a problem to get to the land locked back parcel and an easement was created across you property to get to it before it was sold to you.

    I suspect that the two parcels that made the contract and the easement across you land have nothing at all to do with each other.

    You either do the research as to how the easement was granted across you property, hire someone to do the reach, hire an attorney to file a quiet title lawsuit, or learn to live with it, or sell the property and move on. As I said before, you knew the property was encumbered by the easement when you bought it. You can't change it now and I suspect that some of those attorneys you spoke to told you so.

    No court will extinguish an easement that will land lock a property. There is much case law and doctrines about easements that do not permit land locking property.
     

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