January 2016

By Lynn Sagar, First American Title Insurance Co.

In 1970, plaintiff’s predecessor-in-interest granted Sandra Jones an easement “across their property in order to give purchaser right of access to and use of Woodland Lake.” Since 1970, Jones has used the easement to maintain a dock, park vehicles, and anchor and moor boats. In a dispute over the scope of Jones’ use of the easement, the trial court held that Jones possessed a prescriptive easement for her current use. On appeal, plaintiff argued that the unambiguous language of the easement created a right of ingress and egress only, and that the trial court erred by not limiting the scope of the easement. The Court of Appeals affirmed the trial court. John Guidobono II Revocable Trust Agreement v. Jones (Mich App No. 308855, October 20, 2015, unpublished).

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