Need help to see if the following item regarding prescriptive easements is true in Michigan. We are looking for michigan case law to defend our property rights. Can anybody help?
Once a prescriptive easement is established, it runs with the land. Therefore, if Plaintiffs can prove that the benefited parcel met all of the elements of a prescriptive easement… for example only, let’s say that the benefited parcel has used your property from 1960 to 1975, a prescriptive easement has been created, and from that point in time it runs with the land forever and it is too late to defeat it. Also, it is common law in Michigan that if the use of a drive has been used in excess of the 15 year period (at any time) it is presumed to be hostile, and the burdened parcel owners must prove that use was by permission. Therefore, tacking may not even be an issue, because if any one of Plaintiff’s predecessors in title owned the property for more then 15 years, and used your property long before your ownership, there is nothing you can do to defeat the easement.