Marlette Auto Wash LLC v. Van Dyke Sc Properties LLC

*164 **195 In this case, plaintiff claims a prescriptive easement for ingress and egress over defendant's property on the basis of open, notorious, adverse, and continuous use of that property by a predecessor of plaintiff for at least 15 years. The question presented here is whether such use creates a prescriptive easement that is appurtenant, without regard to whether the previous owner of the dominant estate took legal action to claim the easement. The answer to that inquiry is yes.

MCL 600.5801(4), which provides for a 15-year period of limitations, is not contingent on whether the **196 prior…