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Michigan Easement Deed

An easement is an interest in real estate that gives one person the right to use someone else's land for a specific purpose. The focus of an easement is on usage, not on ownership. There are two types of easements: an easement appurtenant and an easement in gross. Further, easements can be affirmative or negative. An appurtenant easement benefits the dominant estate and runs with the land when the property is transferred. An easement in gross benefits an individual or a legal entity. An easement in Michigan is generally created by a deed in writing or by operation of law. The easement deed should specify the terms and conditions of the easement itself.

As an interest in real property, an easement deed in Michigan must be signed, dated, and acknowledged by the grantor. If an easement deed is executed in Michigan, it can be acknowledged before a judge, clerk of a court of record, or notary public within the state and should be endorsed with a certificate of acknowledgment by the officer taking acknowledgments (565.8). Michigan adheres to the uniform recognition of acknowledgments act, which means that an instrument acknowledged out of state can be recorded in Michigan if the instrument complies with that state's laws (565.9).

Recording can be a crucial step in protecting easement rights. An unrecorded easement deed is void as against any subsequent purchaser in good faith and for a valuable consideration, of the same real estate or portion thereof, whose conveyance is first duly recorded (565.29).

Deeds.com Michigan Easement Deed Forms Have Been Updated as Recently as Tuesday April 23, 2019

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Barbara E. said: Fast efficient, just what I needed.

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Lindsay B. said: The form was easy to fill out. The only problem I had was on the Notary page I live in a different state than the property and I couldn't change the name of the state or county where the notary had to sign.

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Doreen P. said: I have uploaded 2 documents for E recording, I have searched thinking it would prompt me to a business customer service contact info tel no. ? I am concerned as to the fees related to the recording of both instruments? please advise? thank you

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Michigan Easement Deed Form