Easement dispute

[mpita]

What is the name of your state? Michigan

My husband and his parents before him have property in the UP of Michigan. 4 acres, landlocked on 3 sides, waterbound on the 4th. They have had the property since 1969. They had made a road from State land, following a power line that crosses another person's property to get to their own property. They have travelled this road every year since this time. In 1986 a gentlemen bought the property that we have to cross. We never heard from him until 1997 when he somehow got our phone number and informed us that we were no longer to travel that power line to our property. We have continuued to do so anyways as we have no way to access our property. We just returned from a vacation up there and ran into him. He's furious and states we will no longer be allowed to travel this road as he is putting up a gate. We immediately went to a lawyer on our way home to find out about seeking a prescriptive easement. Lawyer states we have excellent chance based upon the facts. However, it will cost us about $4,000-$5,000. While we decide whether or not we can afford this, I would like to know if we have any immediate recourse from keeping him from putting up a fence until this issue is resolved. We have our annual family camping/reunion trip in 3 weeks that we will now have to cancel if he puts up a gate and barrs our access. Can we stop him while the courts decide whether or not we have a prescriptive easement? Is there any paperwork we can file on our own initailly to save money? Thanks!

 

[HomeGuru]

You would have to go to Court and get a restraining order prohibiting him from restricting your access until such time as your adverse possession case can be heard.

 

[mpita]

Can I file this paperwork on my own while deciding whether or not we will pursue this? (The only reason we would not is that $5,000 is 1/3 the way to the $15,000 it will take to put a road thru the State Forest boardering our property if it is approved by the state and the DNR. This will also take 3-5 years before it is approved and/0r we can afford this). Or do we have to have the easement dispute initiated by a lawyer first prior to getting a restraining order.? Thanks!

 

[NoJustice]

TRO

Check with the Clerk of the Court in your County. In California the Clerk of the Court frequently has legal forms one can file on their own. The Clerk cannot give you any legal advice, but the forms are pretty straight forward. I think the cost in CA is close to $200 to file.

Be prepared to spend some time documenting your prescriptive easement. In California it is five years uninterrupted use to claim a prescriptive easement. You'll need to find out what the statutes are in your state. Do a search for Codes and your state.

NoJustice.

 

[mpita]

Michigan

Does it matter if he gets the fence put up before we can get the injunction to keep him from blocking our access. As of 4 days ago there was no fence, but he could have possibly done it already. Thanks.

 

[FarmerJ]

Do you think there is a chance you can negotiate with your neighbor a written easement that would expire as soon as a road that goes through that state land to get to your property were completed ? Reason I ask, Is If your neighbor understands that you are going to file a court action for this easement that it will take you alot longer to eventually fund the road If you have to pay to take this to court now . If your lawyer did not suggest to try that at least see what the lawyers opinion of suggestion is . This way if the neighbor were for some reason say OK it creates less hard feelings than a unwanted easement that will last for ever .

 

[mpita]

Tried that already. He is not willing to allow us to travel that road until we are able to get the road thru the state land put in. Once again, that is a iffy situation anyways. We found a number of rare plants (it's part wetlands) and think there might be a chance the state will deny it.

Great idea if the guy was a decent human being. We've mentioned easements and that we believe that we have a right, etc. However, he states that he has a 'clean title' and that no way do we have a right.
The lawyer suggested that we do not mention it anymore to him. If he ends up 'giving us permission' all of a sudden then we no longer have a right to an easement. He would only do this if he understood that the permission prevents us from obtaining a 'real' easement and also prevents anyone after us, if we were to sell, from having am easement to the property. We need to have access, obviously. Without it the property won't be worth squat and with it, currently, somewhere between 100K to 200K.

 

[FarmerJ]

It was a suggestion only . I hope that you are able to get into court and get your easement . It is a shame he isnt able to come to a agreement with you . Try to Enjoy what you can of the summer . In a few months It will be back to the white stuff again . Best wishes.

 

[NoJustice]

Easement of Necessity

If you have no other way of getting to your property, then my understanding is you would have to be granted an easement of necessity. I would go for the TRO before he grants permission or fences you out.

NoJustice