Understanding the different types of easements is very important for ensuring that your property rights are being fully protected. Whether you own property or require access through your neighbor’s land, having knowledge of the applicable laws will help you better understand your rights.
Shinners & Cook can help businesses, individuals, and families in Michigan determine what is required of them when someone is requesting or requiring an easement on their land. We can ensure that any requisite legal documents are drawn up and properly executed. Call us today to set up a consultation.
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Generally, the easement holder – the person who uses the other person’s land for access – is responsible for maintaining the easement. While the easement holder never becomes an owner of the land, they are using it for their own benefit, and they are responsible for the upkeep of the easement.
Easements that attach to the land remain in existence unless terminated. An easement can be terminated through a written agreement between the easement holder and the property owner. Additionally, an easement by necessity can be terminated if there is no longer a need for the easement.
For example, a new road is built giving the easement holder access to the road without crossing another person’s property. In that instance the easement would terminate automatically. Note that title to a property may still bear evidence of the easement and require action. Some express easements will specifically state the time period the easement is to last. Once the timeline runs out, the easement expires. Finally, an easement is terminated if the easement holder abandons the easement and ceases its use.
An easement in gross benefits a person rather than a parcel of land. An easement in gross does not transfer when a property when it is sold, it dies with the person.
If you’re the property owner and someone wants an easement on your land, or if you need access through someone else’s land, an easement attorney is a must. At Shinners & Cook, we are very experienced in creating and enforcing easements, so no matter what issue you’re having, we can be of assistance.
It can be challenging to work out the proper terms of an easement and fully protecting your interests without the help of a professional. If this is the case, Shinners & Cook is here to help.
Sometimes the easement holder is taking advantage of their access and disturbing your enjoyment of your property. Other times, someone might be using your property even though no easement exists.
No matter what situation in which you find yourself, Shinners & Cook can help you develop a plan. We can help you create, design, enforce, and terminate an easement, or negotiate with a neighbor who isn’t obeying an existing easement.
Easements, while sometimes necessary, can often be confusing and cause a lot of conflict between property owners. If you find yourself in a situation where you need help – whether you’re the easement holder or have an easement on your land – Shinners & Cook can assist you.