Full question:
Our home/land is land locked and we have a private easement (legal and documented) over a neighboring parcel. The easement is 24'; however the previous owners (builders) of both parcels did not survey the property prior to establishing the driveway. A survey has shown that our driveway exceeds the easement. The driveway has been in place since before 1996. We purchased the property in 2001 with the driveway already in place. Do we have to move it now? Can the owner of the parcel where the easement exist move the driveway without or approval or permission?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Michigan
Answer:
There are two main types of easements: easements in gross and appurtenant easements. An easement in gross is a personal right that ends when the individual or corporation holding it dies or dissolves. In contrast, an appurtenant easement is tied to the property itself and remains with the property when it is sold, as long as the properties are adjacent and owned by different entities.
To terminate an easement, certain conditions must change, such as:
- The purpose of the easement no longer exists.
- The ownership of the easement and the land where it exists merges into one owner.
- The landowner releases the easement.
- The easement is abandoned.
- Nonuse (for a prescriptive easement).
- Adverse possession by the landowner where the easement is located.
- A court judgment in a quiet title action.
- Misuse of the easement.
Misuse typically does not terminate the easement but may lead to legal claims. Legal proceedings might be necessary to clarify the easement's scope. An easement by necessity allows access to a landlocked property when crossing adjacent land is essential. However, if a new public road is built, this easement can be extinguished.
In your case, since the driveway has been in place since before 1996 and you purchased the property in 2001 with the driveway already established, it may be argued that you have a right to keep it. However, the neighboring parcel owner may have the right to move the driveway if it exceeds the documented easement, depending on the specific terms of your easement and local laws. Consulting a local attorney to review your situation and documents is advisable.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.