Appurtenant Easement Transfer

[RKONS]

I purchased a 20ac vacant parcel in the Upper Peninsula of Michigan. The parcel is landlocked, but I have a verbal agreement with a neighbor to access land from the west, which is what I have been using to access the property without conflict.

I researched the history of Land Deeds and discovered the original Deed from 1922 (when the 20ac parcel was divided from a larger parcel) that there is a written easement to access the property from the adjacent land to the east and west. The easement is to not exceed 24ft width and is to be used for road purposes only as stated in the original deed. I have been told there used to be a road that ran along the north side of my property that the farm to the east used to access the roadway to the west. This road has long since overgrown and the only remnant is a gravel river crossing.

My question is: the original written easement is not listed on my current deed, so is the easement still valid by law? All surrounding parcels including the one I own have all switched ownership at least once since 1922.

 

[Zigner]

I purchased a 20ac vacant parcel in the Upper Peninsula of Michigan. The parcel is landlocked, but I have a verbal agreement with a neighbor to access land from the west, which is what I have been using to access the property without conflict.

I researched the history of Land Deeds and discovered the original Deed from 1922 (when the 20ac parcel was divided from a larger parcel) that there is a written easement to access the property from the adjacent land to the east and west. The easement is to not exceed 24ft width and is to be used for road purposes only as stated in the original deed. I have been told there used to be a road that ran along the north side of my property that the farm to the east used to access the roadway to the west. This road has long since overgrown and the only remnant is a gravel river crossing.

My question is: the original written easement is not listed on my current deed, so is the easement still valid by law? All surrounding parcels including the one I own have all switched ownership at least once since 1922.

This is not something that can (or should) be answered by an internet forum. You will want to have professionals involved in this.

 

[RKONS]

re

This is not something that can (or should) be answered by an internet forum. You will want to have professionals involved in this.

Thank you, but before money is spent on professionals I was looking for advice from someone who is familiar with Michigan real estate laws to see if this was even worth pursuing. Answers are not always that black and white, but if the easement is "most likely" valid based on the current law I will pursue professional consult. Or on the other hand if it is "probably not" valid I will not waste any more time looking at this.

 

[Zigner]

Thank you, but before money is spent on professionals I was looking for advice from someone who is familiar with Michigan real estate laws to see if this was even worth pursuing. Answers are not always that black and white, but if the easement is "most likely" valid based on the current law I will pursue professional consult. Or on the other hand if it is "probably not" valid I will not waste any more time looking at this.

We (and you) don't have enough information to even use the words "probably" or "most likely". Much more information will need to be gathered on your part. Right now, you've got a firm "hrrmm, maybe, maybe not".

 

[RKONS]

We (and you) don't have enough information to even use the words "probably" or "most likely". Much more information will need to be gathered on your part. Right now, you've got a firm "hrrmm, maybe, maybe not".

Thanks again. Any suggestions on what other information that needs to be gathered? I am just getting started on pursuing this.

 

[Zigner]

Thanks again. Any suggestions on what other information that needs to be gathered? I am just getting started on pursuing this.

I imagine that you're going to need to fully research the title going back for the last 90+ years. I think the best place to start your inquiries would be with a title company...

 

[RKONS]

I imagine that you're going to need to fully research the title going back for the last 90+ years. I think the best place to start your inquiries would be with a title company...

I have obtained copies of all the Warranty Deeds since the property was originally subdivided in 1922, this is where I made the easement discovery. Is a title different from a Warranty Deed? I will contact the title company I used when purchasing the land to see if additional information is available.

 

[latigo]

Thank you, but before money is spent on professionals I was looking for advice from someone who is familiar with Michigan real estate laws to see if this was even worth pursuing. Answers are not always that black and white, but if the easement is "most likely" valid based on the current law I will pursue professional consult. Or on the other hand if it is "probably not" valid I will not waste any more time looking at this.

This reflects the same degree of common sense you used in buying land you could not access short of a "verbal agreement" with an adjacent landowner.

Did you plan on constructing a helipad?

 

[justalayman]

I'll try to give you something.

the fact the easement or the granting of it not being on your deed does not remove the possibility the easement may still be an easement. Most times such a grant is mentioned only in the first deed the easement is created if it was created during the transfer or division of property. It also may have been created by nothing more than an individually recorded "grant of easement" If you read your deed it will likely include something like "encumbrances, liens, yada yada yada of public record" That would mean a previously recorded granting of an easement would still be in force, IF the actual easement has not previously been vacated.


and that is the big question; has the easement in question been altered or vacated at some time between the deed you read it within and now.

You may have the benefit much of the UP properties have which is they have not changed hands a lot over the years. The fewer changes of ownership means the fewer deeds must be read and researched to find the answer you seek.


with that, I give the same advice that Zigner did previously:

hire an attorney that practices in real estate or a title company to research the title and provide you an opinion on the standing of the easement.

 

[RKONS]

Re: latigo

Latigo,

The fact it is landlocked was a good bargaining tool, the reward outweighed the risk on this one.

The parcel also has a navigable river that bisects it, boats are less expensive than helicopters anyway.

 

[tranquility]

Latigo,

The fact it is landlocked was a good bargaining tool, the reward outweighed the risk on this one.

The parcel also has a navigable river that bisects it, boats are less expensive than helicopters anyway.

I always agree with Latigo on the law. I agree far less on the import. I agree less still on how it is presented.

"Landlocked" is NEVER a good bargaining tool. At best, you MAY have some rights. Maybe not against the one you are trying to enforce them against; maybe not at all. The fact you have access through another, legal, path, makes the argument even less persuasive.

 

[justalayman]

Latigo,

The fact it is landlocked was a good bargaining tool, the reward outweighed the risk on this one.

The parcel also has a navigable river that bisects it, boats are less expensive than helicopters anyway.

so the thought of spending possibly 10's of thousands of dollars for legal fees a considered cost when purchasing the property?

Okey dokey.


but as long as you are happy if you do not have a land access, then I guess it works.


btw; the neighbor giving permission can withdraw that permission at will, his will.

 

[RKONS]

Geez guys, I am only a novice as my tag shows. As far as advice I guess a person gets what they pay for, an attorney it may be.


By the way, yes I could spend $20k and still come out ahead on this parcel. I may just buy a few acres from one of the neighbors before I spend that much on legal fees.

Thanks for your time.

 

[tranquility]

Geez guys, I am only a novice as my tag shows. As far as advice I guess a person gets what they pay for, an attorney it may be.


By the way, yes I could spend $20k and still come out ahead on this parcel. I may just buy a few acres from one of the neighbors before I spend that much on legal fees.

Thanks for your time.

Realistically, you have a complex issue. We don't even know your goals. Even if we did, the result is uncertain.

Issues are that you don't really know how the rights have been transferred. You don't know if there are any reasonable "landlocked" claims. You don't even have basic knowledge over how the title rights changed.

We are far removed from your facts and from what you know or think. There is no way to know what to argue. An attorney who can look at the situation and documents and spend some time on it shouldn't cost more than a few hundred dollars to give you a sense of the next step.

You want to take someone's land. Obviously, not their "land", but many of the rights a normal person would think they have from having land. That does not go down easily. It will be litigated. You might as well be prepared up front as there will not be some tap-tap-mine-now secret password that gives you the right to do what you want if the owner does not like it. Period. You are in litigation. (If you need this.) Get over it and move on. Pay or forget it. Nothing is going to be done on the cheap if the other party disagrees. I suspect the best path is to pretend there are no rights and to buy them from the owner.

 

[RKONS]

Thank you for the comments, it appears the general consensus is to spend some time and money with a real estate lawyer to figure out what I would need to do if I ever lost access.

Sorry if I offended anybody or came off as stupid, I don't know anything about this stuff.