Easement Agreement - Michigan

MICHIGAN EASEMENT AGREEMENT

Recordable event: GRANT OF EASEMENT

Recording Information

1. Parties and Property

Grantor / Servient Owner: [FULL LEGAL NAME AND CAPACITY]

Address: [________________________________]

Grantee / Easement Holder: [FULL LEGAL NAME AND CAPACITY]

Address: [STREET OR POST OFFICE ADDRESS]

Servient Estate: the real property described in Exhibit A.

Dominant Estate, if any: the real property described in Exhibit B.

Easement Area: the area described in Exhibit C and shown on any attached survey.

Current title instruments: [COUNTY / INSTRUMENT OR LIBER AND PAGE]

2. Consideration and Value

Monetary consideration: $[________________].

Other consideration, exchanged rights, services, obligations, or debt effects:

[____________________________________________________________]

Total value used for Michigan transfer-tax review: $[________________].

3. Grant and Classification

For the consideration stated above, Grantor grants to Grantee the easement described in this Agreement over the Easement Area.

The easement is:

☐ Appurtenant to the Dominant Estate and intended to benefit and bind the identified estates as provided below

☐ In gross in favor of [IDENTIFIED PERSON OR ENTITY]

☐ Exclusive, but only to this stated extent: [________________________________]

☐ Nonexclusive

Purpose: ☐ Access ☐ Ingress and egress ☐ Utilities ☐ Drainage ☐ Parking ☐ Conservation ☐ Construction ☐ Other: [________________________________]

Permitted users and benefited parcels: [________________________________]

The exact rights granted are:

[____________________________________________________________]

No right is granted by implication from a generic purpose label. Width, location, surface/subsurface/air rights, frequency, vehicle or utility types, gates, parking, staging, and expansion rights must be stated or shown.

4. Term and Commencement

Commencement: [__/__/____] or upon [________________________________].

☐ Perpetual, subject to lawful termination

☐ Fixed term ending [__/__/____]

☐ Other duration or condition: [________________________________]

MCL 566.106 requires an interest in land, other than a lease not exceeding one year, to be created, granted, assigned, surrendered, or declared by an act or operation of law or by a written deed or conveyance subscribed by the creating or granting party or an agent lawfully authorized in writing. If an agent signs for Grantor, identify and retain the written authorization; oral authority alone does not satisfy this clause.

5. Use Standards

Grantee may use the Easement Area only for the stated purpose and within the stated scope.

Access hours or operational limits: [________________________________]

Construction and installation standards: [________________________________]

Restoration after work: [________________________________]

Grantor's retained use, so long as it does not unreasonably interfere with the granted rights: [________________________________]

Prohibited uses: [________________________________]

6. Maintenance, Costs, and Insurance

7. Title, Priority, and Consent Gate

• ☐ Current title evidence identifies every owner of the Servient Estate and Dominant Estate
• ☐ Easement Area and parcel descriptions were prepared or reviewed by qualified professionals
• ☐ Existing easements, restrictions, leases, mineral interests, utilities, possession rights, and access rights were reviewed
• ☐ Each mortgagee, lienholder, land-contract party, tenant, condominium or association body, governmental entity, and other person whose consent, subordination, joinder, or approval is required has been identified
• ☐ The intended priority against existing and future interests is documented
• ☐ Zoning, permitting, environmental, drainage, utility, and public-road requirements were reviewed

MCL 565.29 provides that an unrecorded conveyance can be void against a later good-faith purchaser for value whose conveyance is first duly recorded. MCL 565.35 includes an instrument creating or affecting a real-estate interest within the chapter's conveyance definition. Recording does not cure lack of ownership, authority, consent, adequate description, or lawful purpose.

8. Transfer, Benefit, and Burden

The intended transfer rules are:

[____________________________________________________________]

For an appurtenant easement, identify how the benefit and burden pass with the Dominant and Servient Estates. For an easement in gross, identify whether and how the holder may assign, divide, sublicense, or permit use by affiliates, contractors, customers, tenants, or successors.

No assignment or successor clause expands the physical scope or purpose stated in Section 3.

9. Breach and Remedies

Notice address and method: [________________________________]

Cure period, if appropriate: [________________________________]

Available remedies remain subject to applicable law and proof. This Agreement does not make injunctive relief, specific performance, attorney fees, self-help, damages, waiver of bond, or unilateral reformation automatic.

Negotiated fee-shifting, indemnity, insurance, self-help, arbitration, forum, or jury terms, if any, must be separately drafted and reviewed:

[____________________________________________________________]

10. Amendment and Termination

This easement may be amended or terminated only through a legally sufficient route applicable to the estates and interests then existing, followed by recording when needed to protect title.

Potential routes selected and drafted by counsel:

☐ Recorded instrument signed by all required current holders and owners

☐ Stated fixed expiration or condition: [________________________________]

☐ Recorded court order or judgment

☐ Other legally reviewed route: [________________________________]

Nonuse alone, a private affidavit by one party, breach, bankruptcy, transfer, or common ownership is not declared by this form to terminate the easement automatically. Counsel must analyze abandonment, merger, condemnation, prescription, release, and other doctrines on the facts.

11. Transfer-Tax and Tax-Certificate Review

☐ Taxable instrument. Total value is stated above or in the prescribed affidavit; county tax is calculated under MCL 207.504 and state tax under MCL 207.525.

☐ County exemption. MCL 207.505([____]) — reason: [________________________________].

☐ State exemption. MCL 207.526([____]) — reason: [________________________________].

If exempt, MCL 207.511 and 207.533 require the reason on the face of the instrument. Counsel must determine whether the particular easement instrument is taxable and whether MCL 211.135 requires certificates or an exception applies.

12. Execution

Grantor

Signature: ________________________________________

Printed legal name: [________________________________]

Capacity: [________________________________]

Date: [__/__/____]

If signing as Grantor's agent, written authorization dated [__/__/____], signed by [PRINCIPAL], is [ATTACHED / RETAINED AT: ______________________________].

Grantee — Agreement to Express Obligations

Signature: ________________________________________

Printed legal name: [________________________________]

Capacity: [________________________________]

Date: [__/__/____]

Grantor Acknowledgment

State of Michigan

County of [________________________________]

The foregoing record was acknowledged before me on [__/__/____] by [NAME AND REPRESENTATIVE CAPACITY, IF ANY].

Notary signature: ________________________________________

Printed notary name: [________________________________]

Notary public, State of Michigan, County of [________________________________]

My commission expires: [__/__/____]

Acting in the County of: [________________________________]

Notarial method, if applicable: ☐ In person ☐ Approved electronic notarization ☐ Approved remote electronic notarization

Grantee Acknowledgment

Repeat a compliant acknowledgment if Grantee signs recordable covenants or other obligations.

Exhibit A — Servient Estate

[FULL LEGAL DESCRIPTION]

Exhibit B — Dominant Estate

[FULL LEGAL DESCRIPTION OR “NOT APPLICABLE — EASEMENT IN GROSS”]

Exhibit C — Easement Area

[METES-AND-BOUNDS, CENTERLINE/WIDTH, OR OTHER PRECISE DESCRIPTION]

[ATTACH SURVEY OR DRAWING IF USED; THE TEXT MUST STATE WHETHER THE DRAWING CONTROLS]

Recording Checklist

• ☐ First line states one recordable event
• ☐ Grantor and Grantee names, capacities, and addresses are complete
• ☐ Signer names are printed beneath signatures and match acknowledgments
• ☐ Drafter's name and business address are included
• ☐ MCL 565.201 margin, paper, ink, type, translation, and redaction rules satisfied
• ☐ Grantor's execution is acknowledged under MCL 565.8 and 565.47
• ☐ Any agent signing for Grantor has written authorization under MCL 566.106; its date and location are recorded above
• ☐ Transfer-tax and tax-certificate treatment confirmed
• ☐ Current county fee, parcel, indexing, e-recording, and return requirements confirmed
• ☐ Every required joinder, consent, subordination, and approval is recorded or retained

Sources and References

• MCL 566.106 — Written conveyance of land interest
• Michigan Court of Appeals — MCL 566.106's written-agent clause
• MCL 565.29 — Recording priority
• MCL 565.35 — Conveyance definition
• MCL 565.8 — Deed acknowledgment
• MCL 565.47 — Acknowledgment required for recording
• MCL 565.201 — Recording requirements
• MCL 55.285 and 55.287 — Michigan notarial act
• MCL 207.504-.505 and 207.511 — County transfer tax
• MCL 207.525-.526 and 207.533 — State transfer tax
• MCL 211.135 — Tax-certificate requirements and exceptions

This template is provided for informational purposes only and does not constitute legal advice. Michigan counsel must review the completed easement before execution or recording.