HELEN BURROUGHS V PAUL G RAND III
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STATE OF MICHIGAN
COURT OF APPEALS
HELEN BURROUGHS,
UNPUBLISHED
November 2, 1999
Plaintiff-Appellee,
v
PAUL G. RAND, III, and BERNADINE M. RAND,
No. 204279
Calhoun Circuit Court
LC No. 95-003654 CH
Defendants-Appellants,
and
STERLIGN BANK AND TRUST formerly known as
STERLING SAVINGS BANK, a federal savings
bank,
Defendant.
Before: Griffin, P.J. and McDonald and White, JJ.
WHITE, J. (concurring).
I concur in the conclusion that the trial court, under the facts presented at trial, did not
err in granting plaintiff a lifetime equitable license for the use of the well and driveway.
The court found facts in support of an implied easement arising from the common
ownership of the land, and the circumstances that the trailer was placed at the direction of the
common owner, the roadway was placed at the most practicable point for access and there was
no other practicable access, and the use was open to anyone who cared to observe it. These
findings are adequately supported by the record.
The relief granted by the court, however, was not in the form of an easement, but in the
form of an irrevocable personal license so long as plaintiff is alive and resides in the trailer.
Under the circumstances that 1) the court found facts sufficient to support an implied easement
burdening parcel four in favor of parcel six, 2) the title owner of parcel six did not seek to
impose that burden on parcel four, and 3) relief in the form of a lesser burden on parcel four -
an irrevocable personal license limited in scope and duration -- was sufficient to protect the
interests of the tenant seeking to enforce the implied easement, I conclude the trial court’s
equitable judgment should be affirmed.
I agree with the lead opinion’s disposition of the remaining issues.
/s/ Helene N. White
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