Easement through the center of my property

[hammsauto]

I live in Michigan I bought my house 5 years ago. I have a shared driveway entrance to the property that splits and goes to the neighbors. The drive is 20ft from my house and goes through the center of my property and I want to move the drive to the edge of the property. I have little kids and don't want them to be hit by a car while playing in the yard. It is real fun when strangers go speeding through the middle of your yard you know! It is a dirt drive and gets muddy in the spring so this last fall the neighbors decided to put down crushed asphalt to make it more solid. Because I wanted to move the drive I told them I am not giving them permission to put the stuff down but they said we don't need your permission and did it anyway. In the description the easement is for ingress and egress. I was told by the township there is no reason I cant move the easement but the neighbors want it to be legitimate. And know I cant even talk to the property owner because I think I made her mad for resisting the driveway work, she wont return my calls so I have to deal with here landscaping boyfriend to accomplish anything. What is the best course of action in this situation?

Any help is greatly appreciated

Alex

 

[nextwife]

GET a real estate attorney, have the documents drafted to relocate the easement, and present them to her with an offer of a cash incentive to motivate her to sign it. It will need to be notarized and in recordable form. You should have a title search done to make certain that all the parties who must consent are included.

 

[hammsauto]

RE: easement through property

Can I say that I will be installing speed bumps as the incentive? I don't think they will like the thought of having those in the drive. Also is it my responsibility to spend the money to get it moved or theirs? Also I do not have an easement in my legal description but they do in theirs is that right?

 

[LdiJ]

Can I say that I will be installing speed bumps as the incentive? I don't think they will like the thought of having those in the drive. Also is it my responsibility to spend the money to get it moved or theirs? Also I do not have an easement in my legal description but they do in theirs is that right?

I would definitely consult a local real estate attorney about that.

 

[nextwife]

Can I say that I will be installing speed bumps as the incentive? I don't think they will like the thought of having those in the drive. Also is it my responsibility to spend the money to get it moved or theirs? Also I do not have an easement in my legal description but they do in theirs is that right?

What did your Owner's Title Policy show as to any applicable easements? I would review my title policy BEFORE spending money to consult an attorney over just the question of the easement's existance as to your parcel, because it may very well already have been of record and part of your title history.

The failure of your drafting agent to show all easements of record when they prepared the deed does not negate any already recorded easement's enforceability. Was the easment shown on your owner's policy as running with the land? It would still impact your property whether it was shown on your legal or not if it already was of record and ran with the land.

 

[drewguy]

GET a real estate attorney, have the documents drafted to relocate the easement, and present them to her with an offer of a cash incentive to motivate her to sign it. It will need to be notarized and in recordable form. You should have a title search done to make certain that all the parties who must consent are included.

This is the approach, after determining a valid easement exists (which it may not if it's not properly recorded against your lot).

I don't think a cash incentive is obviously necessary. Assuming there is a valid easement, your neighbors probably won't object to moving it. The incentive you give them is to tell them you'll agree to let them pave it (you could even write into the easement that they are responsible for improvements/maintenance) but only if they relocate it.

The law varies from one state to another as to whether the easement holder is allowed to make improvements such as paving without the servient estate's permission. I don't know what the rule is in Michigan, but it's not a clear rule most places, so what you are offering them in return is that you won't object to it.

 

[hammsauto]

RE: easement through property

well I don't think they care if I give them any permission or not to pave it. They have already told me to take a hike when I told them not to pave it were it is now, and then they went ahead and did it anyway. My title policy excludes any claims made due to easements and in my purchase agreement there is a condition stating property has a shared drive. Anyway the boyfriend not the owner told me if I get the paperwork done to move the easement so it is legitimate he will help move the drive and fill the old one in. He wants to use the gravel he put down this fall on the new drive if we move it. I went to the register of deeds and they did a search and told me I have no easement on my property. The neighbor says they can provide me the paperwork showing they have one though. I have no Idea if I do or don't have an easement and am clueless on how I can know for sure. My lot is one of 4 that were split off a big chunk in the past by one owner so trying to figure out when where and how a easement was made is very confusing.

 

[154NH773]

I went to the register of deeds and they did a search and told me I have no easement on my property. The neighbor says they can provide me the paperwork showing they have one though.

It would be unusual for the "Registry" to do a search for you. I would hire a title company to do a search for you specifically on the issue of whether you have an access easement or shared driveway on your property. Research may have to go back many years to uncover an appurtanent easement.

Have your neighbor give you a copy of his paperwork "showing they have one." Provide that to the title company.

An easement must be within your title, and must have been granted by you, or a previous owner of your property. Your neighbor cannot grant himself an easement on your property. Any new or relocated easement will have to be legally described and vacate the original. Get a lawyer to write the easement and have the property surveyed and easement located on a plat that is referenced in the easement agreement and filed with it. Include language regarding maintenance obligations for each party and any cost sharing issues.

Only the owner of the dominent estate (the neigboring property owner) may sign-off, along with you, on vacating the original easement. Don't allow the renter to sign anything.

Do it right; you will be stuck with it forever.

 

[drewguy]

well I don't think they care if I give them any permission or not to pave it. They have already told me to take a hike when I told them not to pave it were it is now, and then they went ahead and did it anyway.

They don't care because you haven't taken any action in response or to prevent it. A letter from a lawyer demanding removal might get their attention, with a statement that if the paving is not removed by X date you will remove it yourself and bill them for the expense.

Of course, all this hinges on (a) whether a valid easement exists (which 154NH has explained how to determine) and (b) whether in your state an easement holder has a right to pave/improve an easement (which varies by state and a lawyer can provide advice on).

 

[hammsauto]

RE: easement through property

I want to say thank you everyone for all your help I really appreciate your time.