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Updated over 4 years ago on . Most recent reply presented by

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Amber Coats
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Easement rights on private road

Amber Coats
Posted

Hi all,

Hoping that I can get some insight on this complicated easement down the private road that I live on.  I own property #2 on the image as well as the easement part #2.  Houses # 2,3,4, & 5 all have easement rights recorded with property #1 giving rights to easement #1.  Lot #6 is an empty lot with no easement rights which I am considering purchasing and adding to the existing property #2 that I already own.  Lot #7 is where the problem comes in.  #7 is an empty lot that was recently purchased with no easement rights to use the private road.  They had a survey performed last week and it came back they own the portion of the easement labeled #7.  There are 4 homes on the entire road and the residents would like to keep it that way.  However, new property owner #7 wants to build a house and put it on the back of the property where the red box is located and use the private road.  My question is, does she have the right to use the road without easement rights as it was not known that she owned a very small portion of the beginning of the road until last week.  This is located in Michigan.  I can provide any other necessary information.  I am really hoping someone can shine some light on what can and cannot be done in the matter and appreciate all answers.  

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