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Thread: Landlocked property law

  1. #1
    Bubby23 is offline Junior Member
    Join Date
    Aug 2007
    Posts
    1

    Unhappy Landlocked property law

    What is the name of your state? Michigan

    I bought 8 acres of woods last year in order to build a home this year. I just got a letter from an attorney representing a woman who owns property adjacant to mine saying that her land is landlocked, and the only way for her to access her property is through my woods, and they want to "negotiate" with me to allow her an easement. After reviewing past records, my property and hers, along with another piece of land was owned by her mother, who split it all up between 3 daughters. I did not landlock them, this was done when the mother split off the property 30 years ago, and my property has been bought and sold twice before I bought it. Now all of a sudden the daughter wants to sell her lot, and can't because she can't get to it except by going 3,000 foot from the road to her lot through my property or through a DNR site (which is about 10 ft. away). Obviously, the DNR site is the easiest way for her to go in, but she is coming after me for access.

    Is it difficult to get an easement from the DNR when her property is only 10 ft. away?
    If she does get an easement forced through my woods, can I dictate where the easement will run (ie along the outside border of my woods rather than through the middle) or am I at the mercy of the judge to decide the location? Do I have to grant her vehicle access (ie a driveway) or can I just grant her walking access? I really don't want vehicles going through the middle of my woods! I would appreciate any suggestions....Thank you!!

  2. #2
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    14,591
    I assume there is no house on the neighbor's parcel now. She essentially has an unbuildable lot unless she finds access.

    She's obviously doing the easiest option for her. If you can negotiate an easement (which you would assuredly get some sort of consideration... for) then she doesn't have to deal with the state. If you can't agree on terms, then she would have to try to get such from the state, which probably isn't inclined to cooperate at all. If that fails, she'd have to try to argue a "way of necessity". I don't know how hard it would be to prevail on that against another private landowner. Most cites in Michigan I can find are against the state.

    You'll want a lawyer in any case.

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