Easement

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Easement

Hi, My husband and I are considering purchasing a property that has a deeded easement which states ingress and egress to the beach area and lake. It also states that the party can put in a dock and boat of any size and it grants 30 feet of easement on the beach to dwell and use at your pleasure. The problem is the owner of this beach property which is different than the people selling the house is storing a boat box and swim floats within the 30 feet easement. The realtor asked him if he plans on removing those items and he said that he was not and would not. Can he store these items and dwell within this 30 feet easement?

Asked on September 13, 2016 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An easement is enforceable in court: you could if necessary sue the property owner to force him to move his boat box and float. Unfortunately, if he won't do this voluntarily, suing is the *only* way to enforce the easement; besides the cost, time, etc. of that lawsuit, suing that property owner ensures that you and he will have bad blood, and he may find any number of ways to harass or inconvenience you (e.g. while you are using your 30', he sets up a radio 31' away and plays obnoxious music really loudly). Not a legal, but a practical, recommendation: don't go into a situation where you can predict you will have strife and conflict--look for different property.


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