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Clearance Guidelines For Facilities and Easements | We Energies A property easement is a legal situation in which the title to a specific piece of land remains with the landowner, but another individual or entity is given the right to use that land for a distinct purpose. Property Owner Rights & Electric Power Easements - Legal Beagle misuse. Easement and right-of-way; description of property; exception for certain public utility facilities and mineral leases. (b) The public utilities first using an easement shall be reimbursed by later users for all rearrangement or relocation costs. ), If crops or surfaces are damaged during maintenance or repairs of the utility, how are damages calculated and when will damages be paid? A Traverse City, Michigan, based blog analyzing real estate and property issues, maintained by Andy Blodgett. An attorney will review the facts of your Generally, an easement may be used for a very limited purpose and the easement holder is prohibited from expanding his use of the easement without the consent of the landowner. Who has responsibility to manage weeds, etc. PDF 66' RIGHT OF WAY - Michigan County Road Association An easement does not transfer ownership in the property; it only provides the right to use the property. It does not establish an attorney-client representation with any user, and individuals seeking attorney representation or with a specific legal question or issue should contact an attorney for representation. 1, 1988 Uses of Easements. Recently, the Michigan Court of Appeals has issued multiple decisions that are relevant to deciding the scope of easements under Michigan law. An express easement One of the most common easement disputes involves In that case, the easement at issue was recorded in 1965, and was for a 25 feet wide roadway to access lakefront property on the other side of an orchard. Here is what the court wrote: "The rights and duties between the owner of an easement (dominant tenement) and the owner of the servient tenement (land owner)are correlative. (d) The public utilities shall have the right to trim or remove trees that interfere with their use of easements. Easements by Necessity, Do Michigan Courts Require Additional Steps Examples of such easements would be permitted access to a water pipeline or a powerline. Even easements that are "perpetual" by their written terms will expire if they are not re-recorded within the prescribed statutory period.