Legal & Development

Easements in Michigan Real Estate

By Dave Manley · October 19, 2025

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That grassy strip between your sidewalk and the street is the perfect example of an easement hiding in plain sight. You mow it, you treat it like yours, and in a real sense it is not fully yours. It is almost certainly a public utility easement, which means a power, gas, or fiber company can dig it up to reach what runs underneath. Easements are everywhere in Michigan property, some visible and some buried, and most homeowners never think about them until they try to build a garage, put up a fence, or sell. The time to find out is before you buy.

What an easement actually is

An easement is a recorded right for someone other than the owner to use a defined part of a property for a specific purpose. You still own the land and pay the taxes. What you have given up is the exclusive right to do whatever you want on that strip, because the holder is allowed to do their one thing and you cannot block it. That is why an easement can stay invisible for years and then suddenly limit you the day you want to build on it. Most easements also run with the land, passing to the next owner automatically whether or not anyone mentions them at closing.

The types you will actually encounter

Utility easements. These are the common ones, and nearly every developed lot has at least one. A utility easement gives an electric, gas, sewer, or fiber provider the right to install, access, and maintain their lines across part of your land. They tend to run along the front and rear lot lines, which is why the strip near the street and the back edge of a yard so often carry build restrictions.

Access easements. Sometimes called ingress and egress easements, these let someone cross your property to reach theirs. Shared driveways are the everyday version. Landlocked parcels are the dramatic version, where a back lot has no road frontage and depends entirely on a recorded right to cross a neighbor's land. In rural West Michigan, where parcels were split off from larger farms over the decades, the exact width and location of that path can matter.

Drainage easements. A drainage easement lets a city, county, or drain commission manage how stormwater flows across multiple properties. Michigan has a long history of organized drains, and altering or obstructing one (filling a ditch, regrading a swale, blocking a culvert) can put you crosswise with the authority that maintains it. They are easy to overlook, because they often look like nothing more than a low spot in the yard.

Conservation easements. A conservation easement limits development to protect natural features like wetlands, woodlands, frontage, or dunes. Along the lakeshore and in areas with sensitive ground, these can meaningfully restrict where and whether you can build, and they sometimes carry tax considerations that belong with a tax professional.

Prescriptive easements. This is the one that surprises people. A prescriptive easement can arise when someone openly uses part of your land without permission, continuously, for a long enough period, and you never stop them. Michigan recognizes these, and the use generally has to be open, continuous, and adverse over a span of years before a court will consider it. The classic example is a neighbor's driveway that has quietly crossed your corner for years. Do not ignore a path just because it has always been there.

How to find out what is on a property

Easements are recorded with the county Register of Deeds and surface in a few predictable places. The title commitment lists them as exceptions, which is exactly why you read that document instead of skimming it. A current survey shows where the easements sit in relation to the actual structures and lot lines, and recorded plats lay out the standard easements for a whole neighborhood at once. Your REALTOR(R), your title company, and a real estate attorney can each flag them during the review. A title search tells you one exists. A survey tells you where it runs, and whether your dream garage would sit on top of it. Read both before closing, not after.

What easements do to value and use

Most easements are harmless to daily life and barely register. Some quietly shrink what you can do. A buried utility easement can keep you from adding a garage over that strip, because the provider needs to dig without removing your new structure. A shared driveway can limit your fencing, and a conservation easement can lower development potential. Appraisers factor these in when one affects buildability, access, or resale appeal. But the honest framing is this: an easement is not good or bad on its own. It is good or bad for what you want to do with the lot. A rear-line utility easement is a non-event for a buyer who just wants a yard for the dog, and a real obstacle for the one who pictured a detached shop in that corner. The question is never whether easements exist. It is what they mean for your plan.

When there is a dispute

If a neighbor or a company oversteps an easement, or refuses to respect one that benefits you, the path is not a confrontation in the driveway. Start with the recorded language, because disputes are usually won or lost on the precise wording of the grant, not on what either party assumed it meant. Talk to a Michigan real estate attorney before you block access, move a fence, or alter anything, because the wrong unilateral move can flip you from being in the right to being in the wrong. These matters tend to run through circuit court, and I can help you gather the documents, but the legal call belongs with counsel.

Can you get rid of one

Sometimes, but rarely easily, and you should not buy assuming you will. Removing an easement generally takes written agreement from the parties involved plus a formal release recorded with the county, and the holder has little reason to give up a right they may still need. Utility easements are the hardest, because the provider almost never releases its rights unless the infrastructure has been relocated. Treat an existing easement as a fixed feature of the land, like the lot lines.

The bottom line

Easements are not dealbreakers, but they are deal-definers. They quietly set the boundaries of what a property can become, and the point is to know what rights exist before you buy, build, or refinance, so the strip you thought you controlled never surprises you. If you are looking at a property in West Michigan and want a clear read on its easements, I will pull the title commitment, survey, and county GIS records and walk them with you before closing. What you cannot see on the surface is often what matters most.

Dave Manley
Dave Manley
REALTOR(R) · Legacy Real Estate Partners

Honest guidance for buyers and sellers across West Michigan. Thinking about a move, or just have a question? Reach out, no pressure.

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