My question involves real estate located in the State of: Michigan
We live in a small 4 lot development where we share a common private access road that crosses the East end of our properties. Our house is next to last on the gravel road (about 18' wide) and the East 25' of our property is driveway. The last neighbor to the North crosses out property for ingress/egress and has a 12' wide driveway that runs off of our driveway some 20' to their property and garage. Our deed has no mention of any easement granted for the last neighbor's access, but as this has been a long term situation with neighbor, and he would otherwise be landlocked, we assumed that he could attain an easement of necessity if needed. In any case we were fine with the situation and had no issue with his use of the driveway.
Now, after some 5 years in our house we discover from our North neighbor that they were granted an easement by the original landowner at time of subdivision. We went to the courthouse and got a copy of this. The surprising fact to us (other than fact that the easement even exists) is that the easement reads "...easement for ingress, egress, access and construction and maintenance of a roadway along the East Sixty-six feet of (the remaining lots)". Our lot is only 0.6 acres and 66 feet from the East property line is a large portion of our lot that ends up including our entire garage and an adjacent parking pad.
I am very concerned. What is the ramifications of our garage being on the easement? Do we have any protection to prevent use of more of the easement than is currently used? Does our title insurance (having not indicated the easement on warranty deed) have any liability on the matter? What the heck were the original land owners thinking granting a 66 foot wide access easement? What do we do now?