What Do You Actually Own When You Buy a Property in Michigan?
Surveys, easements, mineral rights, zoning, boundary disputes, and everything else that comes with owning land in Jackson County and Southern Michigan
Fair Housing Disclaimer: This article provides general educational information for anyone evaluating their current home or considering a home purchase, rental, or property investment in Jackson County and the surrounding Southern Michigan area. The information applies equally to all individuals regardless of race, color, religion, sex, national origin, disability, familial status, or any other characteristic protected under the Fair Housing Act. This article is intended as general informational content. It is not a recommendation of any area based on residents, demographics, schools, or any characteristic protected by fair housing law.
When you buy a property in Michigan, you receive a deed. But what you actually own is more complicated than what the deed says on its face. A piece of land comes with layers: the surface you can see, the ground below it, the air above it, the rights of others to cross it or use parts of it, the limits your municipality places on what you can build or do, and the informal histories that sometimes carry more legal weight than anything written down.
Most buyers never think about any of this until something goes wrong. A neighbor builds a fence six inches onto their property. A utility company shows up to access lines crossing their backyard. An oil company asserts mineral rights under a vacation cottage. A zoning board denies a permit for a structure that seemed obviously permissible. A survey reveals an encroachment that has been in place for two decades.
Understanding what you own, what others may have rights to, and what the law says about all of it is part of being a well-prepared property owner. This article covers the major dimensions of property ownership in Michigan, written for residents and buyers in Jackson County and the surrounding area.
It is an overview, not legal advice. Any specific situation involving property rights, disputes, or transactions warrants review by a qualified real estate attorney.
What Does a Property Survey Tell You and Why Does It Matter?
A property survey is a professionally prepared measurement and map of a specific parcel of land. It establishes legal boundaries, identifies structures, locates easements, and notes any encroachments. In Michigan, licensed surveyors are regulated by the Michigan Department of Licensing and Regulatory Affairs and must follow established standards in their work.
There are several types of surveys used in Michigan real estate. A boundary survey confirms the legal boundaries of a parcel and is the most common type for residential transactions. An ALTA/NSPS Land Title Survey is a more comprehensive document prepared for real estate transactions, documenting boundaries, easements, rights of way, and improvements in significant detail. Topographic surveys map elevation changes and natural features. Each is prepared for a specific purpose and certified to specific parties.
A survey is not the same as a plat. A plat is a recorded map of a subdivision showing the layout of lots, streets, and easements within a development. A survey focuses on a specific parcel and precisely defines its boundaries, structures, and improvements. Both are relevant to understanding what you own.
One critical point: a survey certified to a prior owner does not protect a new buyer. If a survey is not certified to you, your ability to rely on it or pursue claims against the surveyor may be limited. This is one reason buyers sometimes commission a new survey as part of the purchase process, particularly for rural land, waterfront property, or parcels with long ownership histories.
Surveys are also the starting point for resolving any boundary dispute. A current, professionally prepared survey that reflects actual conditions on the ground is the foundation of any legal or practical conversation about where your property begins and ends.
What Are Easements, and What Types Exist in Michigan?
An easement is a legal right to use a portion of another person's land for a specific purpose, without owning it. Michigan law recognizes that easements are non-possessory interests: the easement holder does not own the land but has a legally recognized right to use it in defined ways. Easements run with the land, meaning they transfer automatically to new owners when property changes hands.
Michigan law recognizes several types of easements that property owners are likely to encounter.
Express easements are created by written agreement between the parties and recorded with the county Register of Deeds. Utility easements allowing power, gas, water, or telecommunications companies to access and maintain lines and infrastructure are the most common example. Shared driveways, private road access, and drainage easements are also frequently express. When you receive a title commitment before closing, Schedule B lists recorded easements affecting the property. Reading it carefully is one of the most important steps in any property purchase.
Easements of necessity arise when a parcel is landlocked and has no legal access to a public road. Michigan courts can impose an easement of necessity across neighboring property to ensure the landlocked owner has access. These are sometimes called right-of-way easements.
Prescriptive easements are acquired through long-term, open, continuous, and uncontested use of another person's property without permission. In Michigan, the required period of continuous use to establish a prescriptive easement is generally 15 years. The Clark Lake dock story included in the Lakefront Homeownership article illustrates exactly how a prescriptive easement can arise from an informal arrangement and override what both parties originally intended.
Some recorded restrictions or easement arrangements can limit what an owner may do on their property for the benefit of another parcel, but these are highly document-specific and should be reviewed case by case.
One important limitation of title insurance: it covers recorded easements but not unrecorded use rights. A prescriptive easement, by definition, is not recorded until after a court establishes it. Walking the property before closing, looking for worn paths, established driveways, utility infrastructure, or any evidence of regular use by parties other than the seller, is a practical step that title insurance cannot substitute for.
Once established, easements can be difficult to remove and often require careful legal analysis. Depending on the facts, they may terminate by agreement, merger, abandonment, expiration of their terms, or court action. If you are buying a property with an informal arrangement of any kind already in place, treat it as a legal issue to be reviewed, not a detail to sort out after closing.
What Are Mineral Rights and Do You Own Them?
When you buy a property in Michigan, you may or may not own the mineral rights beneath it. Michigan law allows mineral rights to be severed from surface rights, meaning one party can own the land above while another party owns the resources below. This is called a split estate or severed estate, and it is more common in Michigan than most buyers realize, particularly in rural areas and properties with long ownership histories.
Mineral rights in Michigan cover oil, natural gas, coal, metallic ores, gypsum, salt, sand, gravel, and other extractable resources. The owner of severed mineral rights generally has the right to reasonable use of the surface to access and extract those minerals, a concept known as mineral dominance. In some circumstances, severed mineral rights can give another party rights affecting the surface, depending on the scope of the severance documents, the type of minerals involved, and applicable law.
Whether mineral rights have been severed from a specific property can usually be determined by reviewing the deed abstract, which is the chain of recorded ownership and transfers for the parcel. The county Register of Deeds maintains these records. If the deed history shows a prior conveyance that reserved mineral rights, those rights may belong to someone else.
Michigan's Dormant Minerals Act, MCL 554.291, applies specifically to oil and gas rights. Under that act, severed oil and gas rights that go unused for 20 years revert to the surface owner unless the mineral rights holder takes specific steps to preserve them, such as filing a notice of claim, leasing the rights, or conducting drilling operations. The Marketable Record Title Act, MCL 565.101, provides a related mechanism for other mineral interests after a 20-year period.
A standard title search may not reveal all severed mineral rights. If you are purchasing rural land, vacant land, or property in an area with any history of mineral extraction or oil and gas activity, specifically asking your title company and attorney to investigate the mineral rights history is a reasonable step. Discovering after closing that someone else owns the minerals beneath your property is a significant and avoidable surprise.
What Is Zoning and How Does It Affect What You Can Do With Your Property?
Zoning is a system of local regulation that divides land into districts and assigns permitted uses, building requirements, and restrictions to each. In Michigan, zoning is established and administered at the local level: cities, townships, and villages each have their own zoning ordinances. The Michigan Zoning Enabling Act, MCL 125.3101, provides the statewide framework within which local governments operate.
Common zoning classifications include residential, commercial, agricultural, industrial, and recreational, though the specific categories and requirements vary significantly between municipalities. Zoning affects what structures can be built, how large they can be, how close to property lines they can sit (setbacks), how many units can occupy a parcel, and what activities can be conducted on the land.
Variances are a mechanism for relief when strict compliance with zoning requirements would create unnecessary hardship or practical difficulty for a property owner due to unique circumstances of the property. Only the local Zoning Board of Appeals can grant variances. There are two types: use variances, which allow a use not otherwise permitted in a district, and nonuse variances, which address dimensional requirements like setbacks and building height. The standards for granting each are different, and the burden is on the applicant to demonstrate the required criteria.
Nonconforming uses arise when a use was legally established before a zoning ordinance was adopted or amended, and that use no longer complies with current zoning. Under Michigan law and the Zoning Enabling Act, lawful nonconforming uses may continue even after zoning changes. These are sometimes called grandfathered uses. Importantly, nonconforming uses travel with the land: if you purchase a property with a lawful nonconforming use, you inherit that right. However, Michigan law generally prohibits the extension or enlargement of nonconforming uses without going through the variance process.
Understanding the zoning designation and any special conditions, variances, or nonconforming use history of a property before you buy is part of understanding what you are actually purchasing and what you will and will not be able to do with it.
What Are Deed Restrictions and Restrictive Covenants?
Deed restrictions and restrictive covenants are private limitations on property use that are written into the deed or recorded separately and run with the land. Unlike zoning, which is public regulation, deed restrictions are private agreements between past parties that bind future owners.
Common examples include restrictions on building size or style, prohibitions on certain uses such as commercial activity in a residential subdivision, requirements to maintain common areas, and limitations on the number or type of structures that can be built. Homeowners associations often enforce deed restrictions through recorded covenants, conditions, and restrictions documents.
An important recent development for Michigan property owners: Michigan's Marketable Record Title Act, MCL 565.101, has provisions that can cause deed restrictions and easements originating more than 40 years ago to lapse unless a notice of claim is filed with the county Register of Deeds. Michigan's Marketable Record Title Act has been amended multiple times, including in 2025. Because the preservation rules and deadlines for older deed restrictions, easements, and similar interests have changed, buyers and associations should confirm the current status of any recorded restrictions with a title professional or attorney rather than relying on an older deadline. If you are purchasing a property in a subdivision or planned community, confirming the current status of applicable deed restrictions is part of thorough due diligence.
Deed restrictions can also be more restrictive than local zoning, but they cannot be less restrictive than applicable law. A deed restriction that conflicts with state or federal fair housing law is unenforceable.
What Are Boundary Disputes and How Do They Arise?
Boundary disputes arise when neighboring property owners disagree about where one property ends and another begins. They are among the most common and most expensive property law conflicts in Michigan, and they can arise from situations that have been in place for years or decades before becoming apparent.
Encroachment occurs when a structure, fence, driveway, landscaping, or other improvement extends beyond a property line onto a neighboring parcel. Encroachments frequently come to light when a new survey is conducted as part of a sale, when a new owner builds or renovates, or when a neighbor asserts their rights for the first time.
Michigan law provides two legal doctrines that can resolve boundary disputes without requiring a new survey to prevail.
Adverse possession allows a party to claim legal ownership of land they have occupied openly, continuously, exclusively, and without the owner's permission for at least 15 years. The elements are sometimes remembered by the acronym OCEAN: Open, Continuous, Exclusive, Adverse, and Notorious. If all elements are met for 15 years, the occupying party can petition a court for legal title to the land. This doctrine applies not just to large parcels but to narrow strips along fence lines, beachfront areas, and other specific configurations that are common in Michigan.
Acquiescence is a related doctrine that applies when two neighboring owners have treated a particular line as the boundary for at least 15 years, even if that line differs from the surveyed boundary. Courts justify acquiescence decisions as a reluctance to disturb long-established lines of occupation. Unlike adverse possession, acquiescence does not require proving hostility or exclusivity, only that both parties treated the line as the boundary over the required period.
Both doctrines mean that the legal boundary of your property may differ from what a new survey would show, if a long-established practice has been in place. Regularly inspecting your property, posting visible boundary markers, and promptly addressing any encroachments or informal uses in writing are practical steps that protect your rights under both doctrines.
If a boundary dispute cannot be resolved through direct negotiation, mediation is often encouraged or required before litigation in Michigan. Many counties have courts that expect parties to attempt mediation first. Litigation is available when other options fail, but it is expensive and emotionally taxing, and the outcome is not always predictable.
What Is Adverse Possession and How Is It Different From a Prescriptive Easement?
These two doctrines are closely related and frequently confused. Understanding the distinction matters.
Adverse possession results in a transfer of title. If a party meets all the required elements for 15 years, they can go to court and claim legal ownership of the disputed land. The original owner loses title entirely to that portion.
A prescriptive easement does not transfer title. The party who establishes a prescriptive easement gains the legal right to use the property in the specific way they have been using it, for the purposes they have been using it, but they do not own it. The surface owner retains title.
Both require 15 years of open, continuous, and uncontested use in Michigan. The practical difference for a buyer: if you purchase a property that someone else has been using openly for 15 or more years, that person may either be able to claim ownership of that portion through adverse possession, or they may be entitled to continue using it through a prescriptive easement. Either outcome can significantly affect the value and utility of what you thought you were buying.
A title search and title insurance cover recorded interests, but neither necessarily protects against unrecorded adverse possession or prescriptive easement claims. Walking the property, looking for signs of use by others, and asking the seller about any informal arrangements are due diligence steps that title insurance cannot replace.
What Should You Know About the Register of Deeds and Public Records?
Every county in Michigan maintains a Register of Deeds office that serves as the official repository for documents affecting real property. Documents recorded and maintained include warranty deeds, quit claim deeds, mortgages, land contracts, liens, easements, right of way agreements, oil and gas leases, subdivision plats, surveys, and court orders affecting real property.
Michigan property records are public. Anyone can request access to the chain of title for a property, which includes every recorded document related to ownership and rights going back to the original land grant. This is how deed abstracts are assembled and how title companies conduct searches. It is also how you or your attorney can investigate the mineral rights history, easement history, and recorded restriction history of any parcel.
The Jackson County Register of Deeds is the appropriate starting point for any title or ownership research on properties in this market. The Michigan Treasury's online tools and county GIS mapping systems are also useful for reviewing parcel information, though they are not substitutes for a formal title search or survey.
What Is Title Insurance and What Does It Actually Cover?
Title insurance is a policy that protects the insured against losses arising from defects in the title to real property. There are two types: a lender's policy, which protects the mortgage lender's interest and is typically required by lenders, and an owner's policy, which protects the buyer's interest.
A standard title insurance policy covers risks that a title search would reveal, including recorded liens, recorded easements, errors in the public records, and conflicting ownership claims based on recorded documents. What standard title insurance typically does not cover includes unrecorded easements, prescriptive easements established by long-term use, adverse possession claims based on use rather than recorded documents, boundary disputes where both parties have plausible recorded claims, and matters that would only be revealed by a current survey.
Understanding what your title insurance covers and what it does not is part of knowing the full picture of what you are buying. Some title policies can be endorsed to cover additional risks, including survey-related issues. An attorney or title professional can advise on whether expanded coverage makes sense for a specific property.
Frequently Asked Questions
Q: Do I need a new survey every time a property is sold in Michigan?
A: A new survey is not legally required in every Michigan real estate transaction, but it is often advisable, particularly for rural land, waterfront property, older subdivisions, or any property where the boundaries or improvements have not been recently verified. A survey certified to a prior owner does not protect a new buyer. If a survey is not certified to you, you have no legal recourse against the surveyor if it causes you financial problems. For properties where boundary history, easements, or encroachments are a concern, commissioning a current survey is a meaningful investment. Your agent and attorney can advise on whether it is warranted for a specific situation.
Q: How do I find out if the mineral rights to a property have been severed from the surface?
A: The deed abstract for the property, available through the county Register of Deeds, contains the recorded history of all transfers and reservations affecting the parcel. Reviewing the chain of title for any conveyance that reserved or separately transferred mineral rights is the standard approach. A title company or attorney can help review the chain of title for recorded reservations, but mineral-rights questions may require a more specialized review than a standard residential title search. If the property is in an area with any history of oil, gas, or mineral extraction, specifically requesting a mineral rights review is advisable. An attorney with experience in Michigan mineral rights can help interpret what the records show.
Q: What is the difference between a zoning variance and a nonconforming use?
A: A nonconforming use is a use that was legally established before a zoning ordinance was adopted or changed, and that no longer complies with current zoning. It is permitted to continue under Michigan law because zoning cannot be made retroactive. A variance is permission granted by the local Zoning Board of Appeals to use or build on property in a way that current zoning would not otherwise permit, based on a showing that strict compliance would create unnecessary hardship or practical difficulty due to unique circumstances of the property. Variances must be applied for and are not guaranteed. Nonconforming uses generally transfer with the land when a property is sold, but cannot typically be expanded or enlarged without going through the variance process.
Q: If I buy a property and later discover an encroachment, what are my options?
A: The options depend on the nature and duration of the encroachment. For a recent encroachment, direct negotiation with the neighbor, followed by a formal boundary line agreement and recorded quit claim deeds if a compromise is reached, is often the most practical path. If the encroachment has been in place for 15 or more years without objection, the encroaching party may have an adverse possession or acquiescence claim, which complicates the situation significantly. A quiet title lawsuit can establish legal boundaries when other options fail, but litigation is expensive. Consulting a real estate attorney as soon as an encroachment comes to your attention is the most important first step. Taking no action and hoping the problem resolves itself is the approach most likely to make it worse.
Q: Can deed restrictions override local zoning?
A: Deed restrictions and local zoning operate independently. A deed restriction can be more restrictive than local zoning, limiting uses or structures that zoning would otherwise permit. However, a deed restriction cannot authorize uses that zoning prohibits. In practice, the more restrictive of the two typically controls. Deed restrictions also cannot violate state or federal law, including fair housing protections. If a deed restriction appears to discriminate based on race, color, religion, national origin, sex, disability, or familial status, it is unenforceable. When evaluating a property in a subdivision or planned community, reviewing both the zoning designation and any applicable deed restrictions gives you the full picture of what is and is not permitted.
Q: What is a quiet title action and when is it used?
A: A quiet title action is a lawsuit filed in Michigan circuit court to establish clear legal ownership of a property and remove competing claims from the record. It is used when there are unresolved questions about who owns a parcel or a portion of it, including disputes arising from adverse possession, prescriptive easements, overlapping deed descriptions, unreleased liens, or competing heirship claims. The outcome of a successful quiet title action is a court judgment that establishes title and can be recorded with the Register of Deeds to create a clean public record. Quiet title actions are relatively common in Michigan for properties with complicated ownership histories, lakefront properties with disputed water access, and boundary disputes that cannot be resolved by agreement.
Ready to Talk About Property Ownership Questions?
If you are buying, selling, or currently own property in Jackson County or the surrounding area and have questions about what you own, what others may have rights to, or what the records show, the Home 1st team is here to help you get to the right resources.
Property ownership questions often require an attorney, a surveyor, and a title professional in addition to a real estate agent. We can connect you with trusted professionals in this market who handle these issues regularly.
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Home 1st Real Estate is a locally owned and independent brokerage at 2600 Airport Rd., Ste. 200, Jackson, Michigan 49202. We are committed to serving every person with equal professionalism and care, regardless of background, life stage, or circumstance. Equal Housing Opportunity.
More from Home 1st Real Estate:
Buying a Lakefront Home in the Jackson County Area: What You Need to Know Before You Make an Offer
How Do You Buy a Home the Right Way in Jackson County and Southern Michigan?
Why Do Property Taxes Increase After You Buy a Home in Michigan?
What Real Estate Scams Are Targeting Michigan Property Owners Right Now?
Sources: Michigan Department of Licensing and Regulatory Affairs, land surveying regulations (michigan.gov/lara); Michigan Department of Environment, Great Lakes and Energy, mineral rights FAQ (michigan.gov/egle); Michigan Marketable Record Title Act, MCL 565.101; Michigan Dormant Minerals Act, MCL 554.291; Michigan Zoning Enabling Act, MCL 125.3101; Michigan Mining Action Group, severed mineral rights overview (savethewildup.org); Dingeman and Dancer PLC, Michigan land use law FAQ (ddc-law.com); Law Office of Holly A. Jackson, Michigan easements guide (hollyjacksonlaw.com); Dalton and Tomich PLC, nonconforming uses and zoning variances (daltontomich.com); Aldrich Legal Services, boundary disputes Michigan (aldrichlegalservices.com); Brown Thom Law, boundary line disputes Michigan (brownlawplc.com); Confidant Consult PLLC, resolving boundary disputes (confidantconsult.com); Kreisenderle, adverse possession Michigan (kreisenderle.com); Deeds.com, Michigan Marketable Record Title Act update (deeds.com); Michigan Legislature, bill analysis mineral rights disclosure; Michigan State University Extension, nonconforming uses in zoning (canr.msu.edu); Home 1st Real Estate, local market knowledge, Jackson County and Southern Michigan
