Can Someone Else Shut Down My Access Road

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Guest: 00:00 Alright. I’ve got 40 acres in Michigan’s upper peninsula. It’s been in the family now for about 50 years.

Brian: 00:07 Good for you.

Guest: 00:08 There was a road on county road run a north south in order to gain access to our property, we have a two three rock track going into the east off of that road that covers about 150 yards of, of land owned by a local lumber company. The question is that’s the only access to the property, vehicular it, there hasn’t been any issue, but could there be an issue? Should he decide to shut that road down?

Justin: 00:34 Well if he decides to shut the road down, there is probably an issue, but you would have a claim. How long have you, you’ve had a 40 years. Have you been using the access point for 40 years?

Guest: 00:42 Oh, sure.

Justin: 00:43 Yeah. So I mean there’s a claim

Guest: 00:45 Four or five times a year anyway.

Justin: 00:47 Yeah. I mean, you’d actually probably have a claim for adverse possession if you wanted to bring that or do you have an easement there? So if it does become an issue, you definitely have a have recourse.

Brian: 00:55 What did they call that easement by necessity.

Justin: 00:57 Yeah. Cause that’s the only way to get to the property. So he should be good.