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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102320
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have a piece of property in Van Buren County, MI. It is

Customer Question

I have a piece of property in Van Buren County, MI. It is surrounded by County owned land.. I am being denied access to my property.
Is there a law in Michigan that I can cite showing that I can not be denied access to my property?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 1 year ago.

Hello. My name is ***** *****

Thank you for your question.

I will be happy to provide you the information you are seeking for educational purposes only.

Is there any possible way to access your property, without going through county owned land?

Customer: replied 1 year ago.
Alex, I really would like to talk this over with you but I'm late for an appointment. Could you call me this afternoon? *************
Liz and Nelson
Expert:  Alex Esquire replied 1 year ago.

Tank you for your follow up.

I do not participate in any phone consultations, but some other legal professionals do participate in phone calls.

However, we can discuss your situation here.

Thank you.

Customer: replied 1 year ago.
well, I have to leave right now, so should I just keep this screen up until I get back? how does that work?
Expert:  Alex Esquire replied 1 year ago.

Thank you for your follow up.

You can provide me with information I requested at any time.

Thank you.

Customer: replied 1 year ago.
Alex, yes, we have a road to our property but our access is being denied by the County, as they have made our "exit" road obsolete and our "new" one road situation (too & from) our property is being limited to a "half-hour" rule. The first half of the hour you can "go" to the property and you canonly "leave" the property during the second half of the hour.I am looking for a specific cite stating that I cannot be denied access to my property.Please advise.
Expert:  Alex Esquire replied 1 year ago.

Thank you for your follow up.

Unfortunately, it appears that you are looking for legal advice and legal service that can only be provided to you by your local real estate attorney upon review of your entire situation and also upon some substantial legal research.

I will opt-out of your question at no charge to you and wish you the best of luck!

Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Your previous expert has opted out, and I have opted in.

There is no law that says essentially that a person "cannot be denied entrance to their property." Or rather, there is no law that allows immediate self help, if this is what you seek. So someone in your situation would not be justified in simply traveling through private property (or government land closed off to the public) to enter one's own land.

However, one can go to court to get what is known as an easement. An easement is the right to use a part of another's land for things like egress/ingress, if the land is blocked off from all sides. For example: "it can be implied from necessity. In this situation, an estate has been severed, leaving the dominant estate without a means of access. Before an easement will be implied in this situation, the party who would assert the easement must establish that it is strictly necessary for the enjoyment of the property. Mere convenience, or even reasonable necessity, will not be sufficient if there are alternative routes, even if these alternatives prove more difficult or more expensive. All implied easements are based on the presumed intent of the parties, but this sort is additionally supported by the public policy favoring the productive and beneficial enjoyment of property." Schmidt v. Eger, 289 NW 2d 851 - Mich: Court of Appeals 1980 (internal citations omitted).

However, this is not automatic. Someone in your situation would have to go to Court and file something called a QUIET TITLE action, asking the Court to agree to render an easement via a judgment. (Or, a neighbor can agree to provide an easement voluntarily, to avoid litigation.)

Good luck.

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