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Court sorts out errors in condo driveway location

The Court of Appeals had to sort out whether Kendra and Kelan Pond could burden the condo property of Shelly and Mitchell Habian, after their driveway was mis-located during the condominium development and construction.  Under the current statute governing these issues, a condo owner cannot be burdened with an easement if the developer made an error, but in the case of these owners, the driveway was mis-located before the amendment of the statute.  As a result, the driveway was maintained in its actual location and an easement was awarded over the servient estate
Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
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