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Easement ????

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daisybell2

Guest
we have a piece of property in michigan that is suppose to have an easement coming from a side street. 2 owners ago they provided as one of the conditions in a land contract that this easement be granted to us for access to our property. Land contract was misplaced and property was sold and deeded to a 3rd party. on the warranty deed to current owner it stated that the previous owner retained a 30ft easement on the west edge of the property, not stating the intent of easement. since then the original land contract has been located and registered which it states that there was a 20 ft easement on said property for the specific use of ours. they said the land contract was being registered out of order, according to our zoning permit we have to have access to northern avenue my question is which of the documents have presidence over the other one or are they both legal, can the current owner have the easement voided, he is contesting them - but we need to have it because of commercial property in front of us.
Concerned in Michigan:(
 


HomeGuru

Senior Member
It's true, the deed and contract documents were recorded out of order. But the contract is still legal and valid.
 

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