Posted by LJD on December 31, 2011 at 13:58:30 from (75.251.87.217):
In Reply to: Road right of way posted by rrlund on December 31, 2011 at 13:19:31:
It is not clear and simple. Northern lower P Michigan and most of the UP have such roads all over the place.
It goes like this in Michigan and New York (both places where I own land).
You've got a guy who bought land and fenced off the road where he actually owns it; correct?
Now if anyone else claims a right of use for his portion of road, they have to prove the right. If there is nothing in writing, the option is to claim an "easement by prescription." That requires that the use by others was "open, adverse, and for a continuous manner for a period of 15 years."
Note that "adverse" is very important. That means the people who did not own the land but used it against the wishes of the owner and that owner never stopped them. It has to be proved the owner was aware of the use by others, did not want it, and did not stop it. If many did it for years and the owner simply let them do it, they have no claim for future use.
If a town or county government, there has to be proof they maintained it in some way for X amount or years. Most public roads in Michigan are privately owned but with public right-of-ways over them. One a road became a public highway - and later the town stopped all maintenance - it stays a public highway forever unless a legal abandonment procedure is done.
There is one more option. If the lands involved are big enough to show on the platt map, there is provision in Michigan to get granted legal access to "landlocked" parcels. This is done by a judge and access will be where HE says it is, not necessarily where you want it. Such access is often very limited.
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