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A Better Partnership

March 2018

Mar 2018
March 21, 2018

MSC rules that prescriptive easements vest automatically and “run with the land” to future parcel owners

A prescriptive easement arises in a manner similar to adverse possession—after 15 years of open, continuous, notorious, and adverse use.  In the landmark decision of Marlette Auto Wash, LLC v. Van Dyke SC Properties, LLC, No. 153979, the Michigan Supreme Court put to rest all doubts that a prescriptive easement vests automatically after 15 years, regardless of whether the adverse user ever took legal action to claim the easement.  Once the 15 years has run, the easement vests and then runs with the land, like any express easement, even if it is not mentioned in any deed or reflected in the chain of title.

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