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Driveway or easement?

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DaveKamp View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote DaveKamp Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jan 2024 at 2:12am
Originally posted by Tbone95 Tbone95 wrote:

...Easements transfer here, it’s illegal to sell landlocked property...


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.

What WILL inevitably occur, is that BOTH a driveway AND an easement will appear- the driveway for access, and the easement for any utilities or services.  That includes fixed utilities (electricity, water, communications, etc) and public services (police, fire, ambulance, mail).  Even if you sell it just for purpose of hunting, that will eventually change.

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.
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 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote DanWi Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jan 2024 at 5:53pm
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 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Tbone95 Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jan 2024 at 1:15pm
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) View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote steve(ill) Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jan 2024 at 12:29pm
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
Like them all, but love the "B"s.
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jaybmiller View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jaybmiller Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jan 2024 at 11:41am
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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Lars(wi) View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Lars(wi) Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jan 2024 at 11:27am
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.
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Lars(wi) Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jan 2024 at 11:24am
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’.
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote jaybmiller Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jan 2024 at 11:13am
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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Never burn your bridges, unless you can walk on water
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Tbone95 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Tbone95 Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jan 2024 at 11:03am
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote jaybmiller Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jan 2024 at 10:36am
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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Never burn your bridges, unless you can walk on water
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Tbone95 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Tbone95 Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jan 2024 at 10:21am
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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