Question:

Does Michigan Apply the " Easement by Necessity" to landlocked land?

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Does Michigan Apply the " Easement by Necessity" to landlocked land?

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  1. Two avenues possible; but either way cost some monies. First I would look at the tax map see who owns the land around the property to see if you can buy a little part to get access, the other avenue is to retain a real estate lawyer in your area and seek legal recourse in civil court of equity, may have a chance for easement against the land which your parcel was subdivide from since usually in today’s world one can not subdivide out a land lock parcel  


  2. The simple answer is no.

  3. Not necessarily.  In Michigan, if you want an 'easement by necessity', you will probably need to head to court to obtain same.  The decision as to whether or not you are due such an easement is up to the courts and or juries.

    It's not a simple nor an inexpensive process.

  4. I hope you have lots and lots of money.

    This is going to take years (at least 2) and be very costly.

    You will need to prove, in court, that you have necessity to access the land and that there are no other means.  

    You will then to provide surveys showing where the easement should be and environmental studies showing it will not impact the owners land or usage (mostly drainage, but there are other concerns).    You will also have to demonstrate that you can pay for the improvements needed to put the road in.   Count on a minimum of 1000 a foot.   You will also have to pay for any retaining walls that the environmental planners deem necessary, and trust me, they will want them.

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