Can I Relocate an Easement if It is Stated in the Agreement

**Bruce Bultman** · 10-14-2010, 09:56 AM

My question involves real estate located in the State of: MI

I have an easement through my front yard that serves as a driveway for the neighboring cottage (rental). This is actually the second access so it's only a convenience easement. It was there when I bought the house. The owner will not terminate the easement and will not sell it to me for ANY amount - that's been made clear. We are not on good terms. The deeded easement agreement states that I (the grantor) can relocate the easement anywhere on my property so long as it maintains similar access to the grantee's cottage, complies with local zoning codes, and access is uninterrupted. It is very clear. I have a new route planned and the township has okayed it. I have construction equipment ready to go. I have suggested this plan to the cottage owner in the past and he started spouting off how that would violate township setbacks and zoning laws but clearly it does not. Can I REALLY relocate it or will the owner take me to court just to be a jerk and find some loop hole? I'm already spending $2500 to move it. I've talked to local lawyers and they all want $500 just to send a letter to the owner stating what I'm doing. I'd rather save $500 if it's not necessary.

**antrc170** · 10-14-2010, 10:06 AM

You don't need the lawyer to send the letter. Send a certified letter stating your intentions. Provide the proof by quoting the easement agreement, copies of the paperwork from the town, etc.

If he wants to take you to court he can, but as long as you are meeting the requirements of the easement then you are covered.

**Bruce Bultman** · 10-14-2010, 10:46 AM

Thank you. Duly noted. My wife, the zoning administrator and I have all scrutinized the easement agreement and we cannot find any requirement that the new location does not meet. The old easement is surveyed. I assume I would need to get a new survey done and register with the county. Is that correct? Does the owner of the neighboring property have to agree to that survey?

**antrc170** · 10-14-2010, 10:53 AM

I don't know if you would legally need a new survey, but I would suggest one, and no the neighbor doesn't have to agree to it. The neighbor has right to the easement so far as it's use for access to his/her property, what they don't have a right to is the physical location unless otherwise specified, and according to your agreement there is none.

**Bruce Bultman** · 10-14-2010, 11:06 AM

My only reservation is that the easement agreement references the survey which details the legal description of the location of the current easement. If I move it, even though the agreement says I can, I fear the owner will revert to that legal description. Probably better to get it resurveyed like you said. Thank you again for your comments.