There's a Road. Is it an easement?

Before you purchase any property, take the necessary steps to ensure you have legal easement to and from the property. Many people see a road or driveway and assume they have the right to use it. While there are some circumstances under which long term use of a road or driveway across another property can lead to what's known as an easement by prescription, it's anything but a sure thing. An easement is defined as, "an interest in land owned by another that entitles its holder to a specific limited use or enjoyment (as the right to cross the land or have a view continue unobstructed over it)." It's usually a written document that is recorded on two or more adjoining properties. I lets all parties know that another property owner has the right to use a portion of their land for a specific purpose, usually access to and from their own property. Typically in Michigan, The State does not issue legal easement. In counties, like Crawford, where more than half of all the land is held by The State of Michigan, you'll want to make sure there is a legal easement in place from the property to the nearest recognized road. The title insurance, usually provided by The Seller in a transaction, will call out any legal easements of record. If you're a seller and aren't sure if you have legal easement, have a search done by the local title company to be certain. There have been more than a few deals held up due to easement issues. This is one of the items that a quality Realtor should look into on your behalf as part of the buying or selling process. Please contact us if you have any specific questions in this regard. Enjoy this last blast of winter too!! It may be the last one we get. (I know that's the hope for many!)