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property easement fight

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mpita

Guest
My husband's family has owned vacation property up in the U.P. of Michigan for over 30 years. This land is locked by water on 1 side, State forest on the back, and other owned property to the right and left. There is an electric company easement that travels from a State campground and across neighboring properties to ours(and, of course, continues). My husband's father, back 30+ years ago(now deceased) gained verbal permission to travel the power line road. It is the only way to the property other than by water. As stated above, the family has been traveling this power line for over 30 years now. 2 years ago, a new neighbor bought the property between the state campground and our property. They will not allow us access to our property. They recently put in a paved road along the power line, with the power line's permission. Nothing can be found in writing at the power company regarding my family's use of the power line. Do we still have a right based on 'implication' or years of use?
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mpita:
My husband's family has owned vacation property up in the U.P. of Michigan for over 30 years. This land is locked by water on 1 side, State forest on the back, and other owned property to the right and left. There is an electric company easement that travels from a State campground and across neighboring properties to ours(and, of course, continues). My husband's father, back 30+ years ago(now deceased) gained verbal permission to travel the power line road. It is the only way to the property other than by water. As stated above, the family has been traveling this power line for over 30 years now. 2 years ago, a new neighbor bought the property between the state campground and our property. They will not allow us access to our property. They recently put in a paved road along the power line, with the power line's permission. Nothing can be found in writing at the power company regarding my family's use of the power line. Do we still have a right based on 'implication' or years of use? <HR></BLOCKQUOTE>

It would appear that you do based on 30 years of useage of the road. You need to hire an attorney to review the situation and the applicable State laws with respect to creation of easements.
 

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