Michigan Easement And Right of Way Law

We live in Michigan and have owned our place on 13 acres for 17 years now, this is our vacation home, but we are moving there this fall 2007 and this will be our only home. Our property has a 6 foot access through swamp and trees (wild forest) to the river at one end of "our" property. There are 8 lots across the street that have access to the river via this 6 foot wild forest access. Last Fall of 2006, while taking a walk, we noticed a bunch of wood chips piled up on the hill by this 6 foot access. We checked out and discovered that someone has improved "our property" access, by clearing and cutting trees and putting down wood chips to create a real path to the river. We started asking around and found out it was two of our neighbors that own houses on lots across the street that improved path. Also found out a third neighbor actually had the 6 foot access surveyed, the survey markers were what the other two neighbors used to make the improved path. This third neighbor has also bought one of the 8 properties, so had "our property" access surveyed along with his new lot. We are wondering what our rights are?? Whether we can make them put this access back to the way it was?? We are very upset that this was done without our knowledge or approval. We are wondering what it would take to own this access, as they are acting as this is their land??

This access is granted by deed? If so, what does the easement language say?

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Quoting aaron

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This access is granted by deed? If so, what does the easement language say?

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And, where exactly is this easement? (I did not understand your description.)

the 6 foot easement is on our deed, will check the exact language and will also check on the other 8 properties with our county clerk, 6 easement is on the last 6 feet of our property next to another person's property that is not involved in this.

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Quoting fishingsprout

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the 6 foot easement is on our deed, will check the exact language and will also check on the other 8 properties with our county clerk, 6 easement is on the last 6 feet of our property next to another person's property that is not involved in this.

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...6 easement is on the last 6 feet of our property next to another person's property that is not involved in this....

I have no idea what that means.

Is the easement running through 8 properties?

Where are the wood chips?

Why is that person not involved?

Could you be a tad bit more clear?

sorry, the 6 foot easement runs through our property, on the last 6 foot edge, the 8 lots are across the street from that. The 6 foot access is where they laid the wood ships and also improved upon without our knowledge. This is our property that has 6 foot access for them to get access to the river. The easement does not run thru their properties, just ours.

Okay, I still have no idea what you are talking about or how many properties are involved.

Anyway, here is the general rule: The dominant estate (the folks who get to go across your property) is not allowed to mess with the servient estate (you) where the easement runs.

Now, of course, that could be changed in the easement grant on the deed.

that is what these 3 neighbors have done without our knowledge, one did a survey of our land, the other two improved upon this 6 ft wide X approx 300 ft long access that is thru our property. Seems like we would be within our rights to ask them to put it back the way it was?? Originally was wild forest/swamp land, but they cut down, moved trees and put down alot of wood chips to create path to the river. Would like to get this access back away from them?? thoughts on as this is our land??

You cannot undo an easement but you may have a case for trespassing; they did stuff they were not allowed to do.

Hire a local real estate attorney for details.

Michigan has the following statute, MCL 600.2919, which you should discuss with your lawyer:

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Quoting MCL 600.2919 - Damage or waste to land; damages; injunction; contempt.

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(1) Any person who:

(a) cuts down or carries off any wood, underwood, trees, or timber or despoils or injures any trees on another's lands, or

(b) digs up or carries away stone, ore, gravel, clay, sand, turf, or mould or any root, fruit, or plant from another's lands, or

(c) cuts down or carries away any grass, hay, or any kind of grain from another's lands without the permission of the owner of the lands, or on the lands or commons of any city, township, village, or other public corporation without license to do so, is liable to the owner of the land or the public corporation for 3 times the amount of actual damages. If upon the trial of an action under this provision or any other action for trespass on lands it appears that the trespass was casual and involuntary, or that the defendant had probable cause to believe that the land on which the trespass was committed was his own, or that the wood, trees, or timber taken were taken for the purpose of making or repairing any public road or bridge judgment shall be given for the amount of single damages only.

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