What do I need to do to gain access to a private road?

[RNSomes]

What is the name of your state (only U.S. law)? Michigan

I am hoping I can explain this well enough. My father-in-law previously owned several acres of land; he divided this land among his children into six (6) plots, two of which we own. The lots are three (3) deep running North to South and two wide running East to West. There is a 10 foot easement running straight down the middle. The three (3) East lots are on what is known as the Dewitt Plat of the Northwoods; the Western lots are not. When my father-in-law owned the property inclusive, part of his property fell on the Detwitt Plat and had access to West Seymour Drive, which is private road contained in the Dewitt Platt, and is how he accessed his home since he purchased the land in 1962. Last July we took out a construction loan and built a new home; we are now trying to roll our construction loan into a mortgage and the title company has informed us we have no legal access to our house. They are currently trying to force our hand and have our additional family members grant us access along the 10 foot easement which runs North and South through the six (6) lots, but is in no way a road, two-track, or real access, rather than obtain access through West Seymour Drive. I have contacted a real estate attorney and made an appointment, but we cannot get in to see him until the 5th of next month. What do we need to do to obtain access through West Seymour Drive?

 

[Zigner]

What is the name of your state (only U.S. law)? Michigan

I am hoping I can explain this well enough. My father-in-law previously owned several acres of land; he divided this land among his children into six (6) plots, two of which we own. The lots are three (3) deep running North to South and two wide running East to West. There is a 10 foot easement running straight down the middle. The three (3) East lots are on what is known as the Dewitt Plat of the Northwoods; the Western lots are not. When my father-in-law owned the property inclusive, part of his property fell on the Detwitt Plat and had access to West Seymour Drive, which is private road contained in the Dewitt Platt, and is how he accessed his home since he purchased the land in 1962. Last July we took out a construction loan and built a new home; we are now trying to roll our construction loan into a mortgage and the title company has informed us we have no legal access to our house. They are currently trying to force our hand and have our additional family members grant us access along the 10 foot easement which runs North and South through the six (6) lots, but is in no way a road, two-track, or real access, rather than obtain access through West Seymour Drive. I have contacted a real estate attorney and made an appointment, but we cannot get in to see him until the 5th of next month. What do we need to do to obtain access through West Seymour Drive?

Money talks...

 

[RNSomes]

Money talks...

Money to whom? We have four (4) neighbors who have, and use, access to their property off of West Seymour Drive; one is my brother-in-law, the other three (3) are seasonal property owners. We have maintained this road for years, not recognizing there was a title issue and being the only full-time residents, we put $5000 worth of improvements into the road last year, we plow it and maintain it in the winter. There are an additional 15 homeowners on the Dewitt Plat of the Northwoods who have legal access to this road, although it is irrelevant to accessing their property, two of these are in-laws. Who precisely should we offer money to because my father-in-law inadvertently removed access to our lot via West Seymour Drive when he broke up his land?

 

[Zigner]

I would suggest that you be patient until the 5th of the month, or find a different attorney to consult with. Your matter has too many moving pieces (so to speak) for an internet forum.

Best of luck to you.

 

[FarmerJ]

Yes this is a mess that is not going to settle easily BUT if your father inlaw was on this private road I am curious about how the easement to what was the original property your FiL owned was written see the other family members who have lots that were subdivided could be in the same spot if his easement was written in a way that he did not have the right to divide up his access ? and to make it worse the one who granted you a construction loan likely should not have so the mess is no matter what its going to become more expensive. Yes I get it that this situation has you on edge but one thing you can do to help the attorney is to get a copy of the easement that granted your father in laws original parcel , this should be recorded in what was his original title , having that could help the attorney tell you of your options easier as well since the attorney will have to review it anyway.