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He wants my land! Easement wanted

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He wants my land! Easement *Issue Updated, new ?*

Rural Michigan.

The adjacent 21 acres was in a bad business deal. It had been in the family for decades. It recently sold and is being prepped for development. The new landowner told me that there would be a 66' easement the full 1400' next to our property. Upon viewing one of his property description fliers posted on-site, I noticed that he is selling two lots (200'x700') adjacent to our land. 33' of easement on thier property and 33' ON MINE! That's over an acre of land.

Does he have the right to request easement onto our property for his own profit? Can't an easement cross his 1st property to access his 2nd, thus keeping it on his own land. He plans on selling the lots, not building the homes.

The has never been any easements on the deed or any surveys. The problem may be: Augusta Twp requires 150' of frontage to build. 200'-66' will leave him short. My best guess.

What are my rights, as landowner, to keep the land that I own?

*Update* *Update* *Update* *Update*

Apparently I'm getting squeezed out. I was researching old surveys and one that I recieved recently from neighbor on North (opposite of above guy) and her survey has a frontage of, lets say 220' recorded and 232' actual. It had been rumered that she moved the post (13yr said she witnessed and ground is definately been disturbed (100sqft).

Guy on South did same but 33'. His is not a survey but only a xerox of a portion of survey. Lawyer has all information and is researching situation. New survey from benchmark is forthcoming.

Why do surveys differ from one another? Shouldn't all certified surveys come of a benchmark and not the nearest post (which could be easily moved)? What survey, if there is several diff. ones, presides over the next?
 
Last edited:


BelizeBreeze

Senior Member
stmfitr636 said:
What is the name of your state?Michigan.

The adjacent 21 acres was in a bad business deal. It had been in the family for decades. It recently sold and is being prepped for development. The new landowner told me that there would be a 66' easement the full 1400' next to our property. Upon viewing one of his property description fliers posted on-site, I noticed that he is selling two lots (200'x700') adjacent to our land. 33' of easement on thier property and 33' ON MINE! That's over an acre of land.

Does he have the right to request easement onto our property for his own profit? Can't an easement cross his 1st property to access his 2nd, thus keeping it on his own land. He plans on selling the lots, not building the homes.

The has never been any easements on the deed or any surveys. The problem may be: Augusta Twp requires 150' of frontage to build. 200'-66' will leave him short. My best guess.

What are my rights, as landowner, to keep the land that I own?
An easement is not losing land. It is granting the right to use the land for the specified purpose to another.

That being said, it's time to ask the developer how much he is willing to pay for the easement. Or, better still, have your attorney ask him.
 
S

seniorjudge

Guest
BelizeBreeze said:
An easement is not losing land. It is granting the right to use the land for the specified purpose to another.

That being said, it's time to ask the developer how much he is willing to pay for the easement. Or, better still, have your attorney ask him.
And, while you are at, have him send your lawyer the EXACT language he wants on the easement.

Tell contractor he's paying for your lawyer, too.
 

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