Landscape Easement

[gtb990]

My property in Michigan is platted with a 20' landscape easement at the rear of the yard. It was intended for landscaping provided by the developer, which would be maintained by a home owners association. In my case, landscaping was not provided, and there is no home owners association. I am having an inground pool installed and would like it to encroach this "easement". I have owned the property for 5 years and no one has ever required access.

Is it still legally considered an easement if no other party requires access?

What would the process be to have the easement removed from the plot plan?

 

[HomeGuru]

1. yes.
2. the easement must be removed from title which is highly unlikely.

 

[gtb990]

Where would the owner of the easement be documented?

 

[gtb990]

Additional information:

The easement is not recorded on the title, but it is shown on the subdivsion plat. Does this help me at all?

 

[HomeGuru]

I'm not sure. A local attorney need to review all the docs for you.