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  1. #1
    Join Date
    Mar 2011
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    2

    Default Dominant Tenant Damaging Easement

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

    I own ground that has an easement for ingress/egress but no maintenance agreement.

    Over the past thirty years I have maintained the drive except for one or two occassions. I have also blocked it off on occassion when it was too muddy to drive on.

    Now, owners of adjacent property and their friends are using easement and have made it impassable due to intentional actions to sling mud and create ruts. It is no longer usable accessible with a 2wd vehicle and we can no longer walk on the easement to get to our property on the back side of our pond.

    I intend to gate the property as soon as the frost is completely out of the ground (and provide key to dominant tenant) but, that does nothing about her sons and friends trashing my ground.

    So, the question is....may I "repair" the drive now knowing full well that it will make the drive impassible to ALL vehicular traffic until the ground thoroughly dries out? In otherwords, what could they file suit for if they have to walk a few hundred yards to access their property?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Dominant Tenant Damaging Easement

    You're stating that you own the servient estate for a (deeded?) easement, and you want to unilaterally shut off all access for a period of time without the consent of the owners of the dominant estate(s)? This is the sole means by which they can drive to their properties and garages?

    If the easement is deeded, what's the exact granting language?

  3. #3
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Dominant Tenant Damaging Easement

    I own the ground and others have easement for ingress/egress across mine property to reach theirs. There is no maintenance agreement.

    I do not intend to shut off all access, only vehicular traffic in order to repair the damage and give the ground time to dry out.

    Frankly, I do not care if they can drive to their agricultural land this time of year or not if in the process they make it impassable for non 4wd vehicles. Nothing in the agreement states vehicles, only ingress and egress.

    What gives them the right to destroy my property (I tracked mud down the paved road for over a mile the other day) just because they know that I do not have the heavy equipment and access to new soil to replace it.

    The funny thing is, they brought in their skid steer to repair their property but have not even attempted to repair my property where they trashed all the sod and have ruts that are over a foot deep.

    I cannot fix it if they keep ruining it, get my point? I have no intention of stopping them from walking but, what guarantee do they have that I must keep it accessible for vehicular traffic, NONE!

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