On December 29, 2022, the Michigan Court of Appeals issued an unpublished opinion in the matter of Alexander Queen v Woodbury Green Condominium Association, unpublished per curiam opinion of the Court of Appeals, issued December 29, 2022 (Docket No. 359092) addressing the issue of a prescriptive easement being claimed by a property owner outside of a condominium project over a portion of the common element road in the condominium. In Queen, a property owner (who was not part of the condominium) had been crossing over approximately 11 feet of a common element road in a neighboring condominium project for ingress and egress from his property for over 30 years. The property owner did not have an express written easement granting the right to cross over the condominium association’s road. Read the article…………………………….
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