I bought a lot listed in an unregistered subdivision. Various lots were sold with belief that a subdivision would be constructed. The 3/4 mile road leading to subdivision and campground never materialized because the road was going to cost more than the campground owner wanted to pay.The campground owner has full maintenance for the road and the county did not want it for control. The 66' road easement is now being jeopardized because its use has a well installed and various campsites are over-reaching the 66' boundaries. As private owners of the unregistered subdivision lots do we have any rights other than egress and ingress?
Cass County Michigan zoning and land use regulation
This all depends on how the lots are designated via property description. If the lots are metes and bounds as opposed to a platted subdivision there are differences in what you have rights to. Your deed should list any easement rights granted to the property.
From our property description it is a metes and bounds. The description lists the roadway as ingress and egress.My question is: Since the lots were sold with intention to have a platted subdivision do the lots have full use of the entire road? The one lane road goes past my property for 1/4 mile and has a turnaround for emergency vehicles, etc. The road is plotted as 66' wide with 15' utility easement on each side. The road is privately owned by a campground and various lots were sold within the campground. The new campground owner is now utilizing the 15' utility easement on both sides of the road by installing a well, adding more camping lots and not maintaining the full width as a roadway. This is my concern; am I giving away any road use rights by allowing him to encroach on the utility easements?
Without platting normally you would only have rights of egress and ingress. The utility easements are not typically part of the access to the parcels. They are there for future infrastructure improvements.
The 66' R.O.W for the road is designed to accommodate travel lanes, snow removal, drainage, maintenance etc. As long as the travel lane is not encroached or impeded you probably have no recourse.
You may wish to speak with a property rights attorney if you feel you are being limited regarding access to your parcel.