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Easement issue in Michigan.

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474yamaha

Junior Member
I own parcelA, 1330ftX330ft, which has a 66ftX330ft easement starting from its eastern border. My neighbor owns landlocked parcelB to the north. The easement as recorded on my Deed says I am subject to 66ftx330ft easement for the ingress/egress of parcelB. *Its worth noting that our parcels are located on a private road and are subject to the easement for said road. The frontage for the private road is contained entirely within the 66ftx330ft easement area as a result of the original development and shown on the recorded survey.Beyond the rights of a servient or dominant estate are concerned, I believe that it was clearly intended that both parcel owners would require access to their parcels utilizing this easement. Therefore its logical to conclude that granting of an easement to access parcelB, would not have been intended to restrict access to parcelA. My neighbor installed a gravel driveway from the eastern boarder about 20ft, leaving the remaining 46ft in its original state(grass/weeds) 12-13yrs ago. No issues. They decided this winter to construct what they call a temporary "snow" fence(metal posts,plastic fence) extending continuously(they have another 300ft-400ft of driveway north) from their parcel south onto the easement area 280ft, only stopping short of my driveway. They claim its reasonably necessary to enjoy the easement, protecting them from snow. I objected, that the presence of a fence prohibits my right to enjoy my property, which I believe includes access to the easement area. I am not interfering with their ability to ingress/egress over any part of the 66ftx330ft, rather I am demanding it remain open for all owners to freely have access. Can they construct a fence, regardless of its intention or duration of use?
 
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justalayman

Senior Member
Is there anything in the original easement grant stating the easement is for the exclusive use of parcel B?


What precisely does the say about intended use of the easement?0
 

474yamaha

Junior Member
Verbatim:together with and subject to 66ft wide private road ingress/egress easement, also subject to an easement for ingress and egress over the east 66.00feet thereof.
 

latigo

Senior Member
Unless otherwise authorized in the grant, a dominant estate's easement for ingress and egress does not include the right to enclose the easement! Nor can it legally in anyway interfere with the servient estate's normal use of the property as long as it does not create unreasonable restrictions to its granted use.

What I don't understand is why you are characterizing your use of your own property as if it were an easement!
I believe that it was clearly intended that both parcel owners would require access to their parcels utilizing this easement. (?)
Make a written demand on the neighbor (Certified Mail RR) to promptly remove the fencing, or you will have it removed at his expense.
 

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