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Commercial Easement and Property Access Disputes in Michigan: What Business Owners and Developers Should Know
Access can significantly affect the use and value of commercial property.
A business may depend on a shared driveway for customer access. A developer may need to use an easement to reach a project site. Utilities may cross neighboring property. Multiple businesses may rely on the same private road or access point.
When the parties disagree about how that property can be used, an easement or access issue can become a significant commercial dispute.
Sadecki & Associates represents Michigan businesses, commercial property owners, and developers in real estate and commercial development matters, including disputes involving contractual and property rights.
What Is an Easement?
An easement generally gives a person or entity a right to use another party’s property for a particular purpose without owning that property.
In a commercial setting, easements may provide rights involving:
Vehicle access
Shared driveways or private roads
Utilities
Parking
Drainage
Construction access
Ingress and egress
Other uses affecting neighboring parcels
The scope of those rights depends on the easement and the circumstances surrounding the properties.
Why Do Commercial Easement Disputes Happen?
Disputes often arise because the parties disagree about what an easement actually permits.
For example, an easement created years ago for access to a relatively low-traffic property may become disputed after the property is redeveloped for a more intensive commercial use.
Other disputes may involve maintenance obligations, physical obstructions, expansion of use, repair costs, or whether a proposed use falls within the easement’s scope.
Can a Property Owner Block Access?
Whether a property owner can restrict or alter access depends on the rights held by the parties.
If another property has valid access rights, interfering with those rights may create a legal dispute. At the same time, having an easement does not necessarily give the easement holder an unlimited right to use the property however it chooses.
Recorded documents, deeds, surveys, development agreements, historical use, and other information may need to be reviewed to determine the parties’ respective rights.
Easement Issues During Commercial Development
Access issues can become particularly important when commercial property is being developed or redeveloped.
A project may require construction vehicles, utility installation, grading, drainage work, or temporary access affecting surrounding parcels.
Developers may also discover during due diligence that the property’s existing access rights do not clearly support the intended use.
Addressing these issues before substantial money is invested in a project may help identify potential obstacles to development.
Shared Access Can Create Ongoing Disputes
Commercial properties sometimes share driveways, roads, parking areas, or other facilities.
Questions may arise over who is responsible for maintenance, how costs should be divided, whether one party can modify the shared area, and whether one property’s use is interfering with another.
These disputes can become particularly significant when access affects customers, deliveries, employees, construction activity, or the operation of a business.
What Documents Matter in an Easement Dispute?
The documents relevant to an easement dispute depend on the property and the nature of the disagreement.
They may include:
Recorded easement agreements
Surveys
Site plans
Purchase agreements
Development agreements
Maintenance agreements
Historical property records
Communications between property owners
Understanding the underlying property rights is often an important first step in evaluating the dispute.
Frequently Asked Questions
Can an easement affect the sale of commercial property?
Yes. Access rights and restrictions can affect how property may be used and may become important during a buyer’s due diligence.
Who pays to maintain a shared commercial driveway or private road?
The answer may depend on an easement agreement, maintenance agreement, deed, or other applicable documents.
Can an easement be used for construction access?
It depends on the scope of the easement and the proposed use. An existing access right does not necessarily authorize every type or intensity of use.
What happens if neighboring property owners disagree about where an easement is located?
Surveys, recorded documents, deeds, historical information, and other evidence may need to be reviewed to determine the location and scope of the claimed easement.
Commercial Real Estate and Development Representation Throughout Michigan
Access and easement disputes can directly affect the operation, development, financing, or sale of commercial property.
For businesses and developers, resolving these questions may require careful review of property records, contracts, surveys, and the history of the property.
Sadecki & Associates represents commercial property owners, businesses, and developers in real estate and commercial development matters throughout Michigan.
If an easement or property access dispute is affecting your business or commercial property, contact Sadecki & Associates to discuss the matter with an attorney.
Disclaimer: This blog is provided for general informational purposes only and does not constitute legal advice. Every legal matter is different, and the information provided may not apply to your specific circumstances. For legal advice regarding your individual situation, contact Sadecki & Associates to discuss your matter with an attorney.
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