deeded access

[Rackne]

i access my property by way of a deeded access road. my title shows the road to be on the south side of the section line. the most recent survey shows the road to be on the north side of the section line. can the person that owns the property on the north side of the section line where the road is make me move the road to the south side of the line? the property is in michigan and the road was built in the 60's.

 

[HomeGuru]

i access my property by way of a deeded access road. my title shows the road to be on the south side of the section line. the most recent survey shows the road to be on the north side of the section line. can the person that owns the property on the north side of the section line where the road is make me move the road to the south side of the line? the property is in michigan and the road was built in the 60's.

My response: this is a toughie because there is a conflict with the title report and the survey. If the survey was a recent one, say in the last couple of years, it should be accurate. If there is no recorded easenment or right of way agreement, you could still claim a prescriptive easement.

 

[Rackne]

the most recent survey was about two weeks ago. i believe it is an accurate one. the easement is a recorded one, it's on my title insurance policy. what would be the insurance companys responsability in this?

 

[HomeGuru]

Yes, to a degree. Have an attorney review the survey, title report and your title insurance policy.

 

[Rackne]

thanks for your advice. i know that most legal problems need a lawyer and in some cases a judge. thanks again for your help.

 

[HomeGuru]

You are right.
At times it is very difficult to provide advice over the internet without reviewing the actual documents.