What is the name of your state?
I live in Michigan. There is an easement that basically splits my property in half for a State road (M27). First of all, the State took much more than they needed (the easement was basically taken in the 30's). Second, and perhaps more importantly, the DOT is harassing us...not allowing us to use the property for even simple things. For example...they claim that we must apply for a $90 permit just to plant flowers next to our driveway.
I was under the impression that as the landowner, I could use the land any way I wanted as long as I wasn't over burdoning their easement rights. Is this correct? If not...why have an easement versus simple ownership in fee?
Since this road continually changes in scope...with more and more traffic each year, my property value continues to decline. Is the State responsible for additional payment as a result?
Finally, how can I get them to relinquish the unneeded portion of the easement?
I live in Michigan. There is an easement that basically splits my property in half for a State road (M27). First of all, the State took much more than they needed (the easement was basically taken in the 30's). Second, and perhaps more importantly, the DOT is harassing us...not allowing us to use the property for even simple things. For example...they claim that we must apply for a $90 permit just to plant flowers next to our driveway.
I was under the impression that as the landowner, I could use the land any way I wanted as long as I wasn't over burdoning their easement rights. Is this correct? If not...why have an easement versus simple ownership in fee?
Since this road continually changes in scope...with more and more traffic each year, my property value continues to decline. Is the State responsible for additional payment as a result?
Finally, how can I get them to relinquish the unneeded portion of the easement?