Real estate easements are legal rights that allow individuals or entities to use a portion of another person’s property for a specific purpose. These easements are commonly used for utility access, shared driveways, or the construction of infrastructure. While easements can be advantageous, they may also lead to disputes over land use, compensation, and future rights.
Understanding Real Estate Easements
Real estate easements are granted for a variety of purposes, generally falling into two categories: appurtenant or in gross. An appurtenant easement benefits a particular parcel of land, such as the right to use a shared driveway or access road.
In contrast, an easement in gross benefits a specific individual or entity, such as a utility company that requires access to property for installing power lines or pipelines.
When a real estate easement is created, it is usually established through a written agreement between the property owner and the party seeking the easement. In some cases, however, easements are not voluntarily granted. Instead, they are taken by a governmental agency or utility company through the exercise of eminent domain. In those instances, the property owner is entitled to just compensation for the taking of the easement or any resulting reduction in the fair market value of the remaining property.
These types of takings can significantly affect property rights, especially when the easement restricts the owner’s ability to use or develop the land. Compensation in such cases must reflect both the value of the property rights taken and any severance damages to the remaining parcel.
How We Can Help with Real Estate Easements
Ackerman & Ackerman’s attorneys focus exclusively on representing property owners in eminent domain and condemnation matters, including cases in which a condemning authority or utility seeks to acquire an easement or other property right.
We do not draft, enforce, or modify private easement agreements. Instead, our representation centers on protecting property owners from unfair or undervalued takings by condemning agencies and working to limit unnecessary grants of property rights.
Our attorneys evaluate the impact of the taking on the property’s fair market value, determine appropriate compensation, and pursue full recovery for both the land taken and the damages to the remainder.
Property owners can rely on our guidance through Michigan’s eminent domain law, including the “one recovery rule.” This rule provides that owners are entitled to damages for all potential uses of the rights acquired by the condemning authority, even if those uses are not immediately planned.
Our team has extensive experience handling partial takings, utility easements, and temporary construction easements that can significantly affect commercial and high-value properties.
Why Choose Ackerman & Ackerman?
Ackerman & Ackerman brings over 90 years of experience in eminent domain.
If a governmental agency or utility company has notified you of an easement taking or other condemnation action, contact Ackerman & Ackerman. Our attorneys can evaluate your situation, explain your rights, and protect your property throughout the eminent domain process.
Get in touch with us to discuss your real estate easement concerns and find the best legal solution.