Review the recorded document
An easement is a right affecting the use of land. It may relate to utilities, drainage, a shared driveway, access, conservation, or another recorded purpose. The exact rights, limits, maintenance duties, and affected area come from the recorded document and any survey or exhibit attached to it. A line on a consumer map is not enough.
A title commitment commonly identifies recorded easements as exceptions. Ask for the underlying instrument rather than stopping at the liber-and-page reference or document number. The wording may answer who can use the area, for what purpose, whether the right is exclusive, and who is responsible for maintenance.
How to review an easement
- Read the deed, title commitment, subdivision plat or condominium documents, and every referenced easement document.
- Match the legal description and exhibit to a current survey. County GIS parcel lines are useful for orientation but are not legal boundaries.
- Walk the property and look for driveways, utility boxes, drains, paths, gates, overhead lines, or visible uses that may correspond to the record.
- Ask how shared areas are maintained and whether there is a written cost-sharing agreement. Request actual invoices or history when available.
- Have the title professional, surveyor, and a Michigan real-estate attorney explain language that could affect an intended fence, addition, outbuilding, access route, or future resale.
Questions to resolve before the deadline
Can the proposed use coexist with the easement? Does the easement cross the likely building envelope? Is access legally recorded or merely used by custom? Are maintenance responsibilities stated? Do the physical drive or utility locations match the recorded exhibit? These are document-specific questions; the listing description cannot settle them.
Title insurance, a survey, and legal review serve different purposes. Ask the title company what is covered, the surveyor where the easement lies, and counsel what the recorded language means for the use you have in mind.