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Driveway or easement? |
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DaveKamp
Orange Level Access
Joined: 12 Apr 2010 Location: LeClaire, Ia Points: 6124 |
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Posted: 26 Jan 2024 at 2:12am |
This is the key element. Every state has land access laws, and the ownership of land has provisio for access REGARDLESS of wether there is a formal easement, or not, so the sensible action is to set forth the easement in writing, so there's no question. An easement is 'blanket permission' to cross property. An easement can be (and usually is) committed to people OTHER than the person OTHER than the person you sell to... i.e. a utility company... and becomes part of the property, they're durable... once you commit the easement, you cannot recind it, it can only be recinded by whomever it is granted... and usually they don't. The wise choice, if you're selling, is to survey it all out, establish the driveway, and leave the buyer to commit their easements. This first gives them unfettered access to the property, second gives them a path for all easements WITHOUT need for crossing your property, and finally, leaves you free of any liabilities to them. But regardless of HOW you do it, make certain you establish any future easements on the property you SELL... that YOUR property will need. If your electrical power, telephony, etc., passes through that parcel, or you have a fenceline access or pasture, or flowage, that needs to be committed to the property by you before you sell. Is there any place on YOUR property where you do any aerial spraying, or other low flight? If so YOU need to include in the sale an Avigation Easement... which is an easement that restricts elevation of anything which would restrict approach, departure, or maneuvering.
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Ten Amendments, Ten Commandments, and one Golden Rule solve most every problem. Citrus hand-cleaner with Pumice does the rest.
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DanWi
Orange Level Access
Joined: 18 Sep 2009 Location: wttn Points: 2067 |
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Posted: 25 Jan 2024 at 5:53pm |
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Don't know if there would be any difference, but there may be a requirement for how wide that access strip has to be.
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Tbone95
Orange Level Access
Joined: 31 Aug 2012 Location: Michigan Points: 12418 |
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Posted: 25 Jan 2024 at 1:15pm |
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No other way to get to the land than through the field part.
Easements transfer here, it’s illegal to sell landlocked property For sure I’ll be checking with the township, just gathering thoughts. I’m leaning towards driveway, just be done with it. |
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steve(ill)
Orange Level Access
Joined: 11 Sep 2009 Location: illinois Points: 90800 |
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Posted: 25 Jan 2024 at 12:29pm |
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State put in a new HIGHWAY and there was no access to some ground BEHIND my Father in Law... Father in Law gave him an EASEMENT at the edge about 200 ft long so the guy could get back to HIS PROPERTY... He takes care of the road or he dont get in... We still cut the grass along the driveway as we always had done..
HIS ground has been sold 3 times in 40 years... Father in law died 10 years ago....The plan just keeps rolling along, no problems. Edited by steve(ill) - 25 Jan 2024 at 12:31pm |
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Like them all, but love the "B"s.
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jaybmiller
Orange Level Access
Joined: 12 Sep 2009 Location: Greensville,Ont Points: 25247 |
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Posted: 25 Jan 2024 at 11:41am |
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from the other side of the fence... 3 decades ago I didn't buy a few acres as it only had a 'right of way ' or 'easement',so if the owner died, I'd have ZERO access to the land. for sure check local laws and 'wording' !!!
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3 D-14s,A-C forklift, B-112
Kubota BX23S lil' TOOT( The Other Orange Tractor) Never burn your bridges, unless you can walk on water |
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Lars(wi)
Orange Level Access
Joined: 14 Sep 2009 Location: Permian Basin Points: 8402 |
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Posted: 25 Jan 2024 at 11:27am |
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Keep in mind, this guy may be great and all that, but in a few years he may sell to a complete a-hole, or worse yet a solar or wind developer.
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I tried to follow the science, but it was not there. I then followed the money, and that’s where I found the science.
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Lars(wi)
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Joined: 14 Sep 2009 Location: Permian Basin Points: 8402 |
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Posted: 25 Jan 2024 at 11:24am |
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Consult your local township about what they may require if you sell. Does this track of land border another road? Not sure on MI laws, but there may be different responsibilities/requirements if classified as ‘easement’ vs ‘right of way’.
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I tried to follow the science, but it was not there. I then followed the money, and that’s where I found the science.
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jaybmiller
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Joined: 12 Sep 2009 Location: Greensville,Ont Points: 25247 |
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Posted: 25 Jan 2024 at 11:13am |
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yeesh, 1 1/2 ' of snow...you must have got all mine then ! Thank you ! I've only puseh 2-3 INCHES this winter, even now , that's melting. and making it very,very foggy here today.
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3 D-14s,A-C forklift, B-112
Kubota BX23S lil' TOOT( The Other Orange Tractor) Never burn your bridges, unless you can walk on water |
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Tbone95
Orange Level Access
Joined: 31 Aug 2012 Location: Michigan Points: 12418 |
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Posted: 25 Jan 2024 at 11:03am |
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Trust me, he’s no snowflake.
We did get about 18 inches worth of them a couple weeks ago though! And maybe you “have to”, but I see a lot of them that aren’t! Edited by Tbone95 - 25 Jan 2024 at 11:04am |
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jaybmiller
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Joined: 12 Sep 2009 Location: Greensville,Ont Points: 25247 |
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Posted: 25 Jan 2024 at 10:36am |
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If 'easement' YOU must maintain roadway 24/7/365 no matter what the weather conditions are and YOU don't get any holidays. If the 'road' is part of HIS 'wooded land', then YOU can sit in nice warm house while HE plows HIS driveway...... Don't know what part of Michigan you're in ,but some areas get LOTS of snowflakes ! Either way, be sure there's a fence/barrier in between. Some uninvited friends of his friends might decide to 'play' on YOUR land with their monster trucks.....
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3 D-14s,A-C forklift, B-112
Kubota BX23S lil' TOOT( The Other Orange Tractor) Never burn your bridges, unless you can walk on water |
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Tbone95
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Joined: 31 Aug 2012 Location: Michigan Points: 12418 |
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Posted: 25 Jan 2024 at 10:21am |
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Probably varying opinions on this and that’s ok. I’m just curious what y’all think and why. I’ve got a piece of land with a sizable wooded area in the back. I have a person who wants to buy the woods. I am debating whether to sell him a driveway off to the side of my field or to establish an easement. Would have to be surveyed either way so I don’t think upfront cost is an issue.
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