Easement Dispute Lawyers Serving Southeast Michigan Property Owners
A land access dispute can leave you feeling uncertain about your rights and unsure of where to turn for help. The legal team at Ray M. Toma, PC, has focused exclusively on real estate and construction law since 1995. With a founding attorney who brings more than 30 years of experience, the firm helps you protect your property and make confident, informed decisions.
Understanding Michigan’s 15-Year Prescriptive Easement Rule
Michigan law grants a prescriptive easement when someone uses another person’s land openly, continuously and adversely for at least 15 years. Courts require evidence that the use was visible, uninterrupted and hostile to the owner’s rights throughout that period.
Once the 15-year period passes, the person who used the land can seek a court order establishing a permanent right of access. This applies to informal driveways, footpaths or shared routes neighbors have used without a written agreement. Whether you need to establish a legitimate right of access or protect your property from an unwanted claim, our real estate attorneys can evaluate your property history and represent your interests in court.
Common Shared Driveway Conflicts Between Neighbors In Oakland County
Shared driveways and access paths are among the most common sources of easement disputes in Bloomfield Hills and across Oakland County. The firm handles these residential access conflicts:
- Maintenance responsibilities: Who covers repairs and upkeep of a shared driveway or path
- Path expansion: One neighbor widening or redirecting a shared route without consent
- Access agreements: Disputes over existing easement terms or the need to formalize access rights in writing
- Blockage: One party limiting another’s lawful access to their property
Ray M. Toma, PC, helps property owners negotiate agreements and pursue legal action to protect their rights.
How To Establish Road Access To Landlocked Property In Michigan
When a property division leaves a parcel without public road access, Michigan law provides a remedy called an easement by necessity. Legal options for landlocked property owners include:
- Negotiated access agreements: Working with neighboring owners to establish a written easement for road access
- Court-ordered easements: Filing a legal action in Oakland County Circuit Court when neighbors refuse to cooperate
- Title research: Reviewing deed records to find prior conveyances that may already grant access rights
- Mediation: Resolving disputes through a neutral third party to avoid prolonged litigation
The firm helps landlocked property owners secure legal access to their land.
Your Property Rights Deserve More Than A General Practice Attorney
You should not have to face a land access dispute without experienced legal support. Real estate and construction law is all Ray M. Toma, PC, does, and the firm’s attorneys have built their careers around cases exactly like yours. Call the firm at 248-633-8654 or reach out online to schedule a consultation.