Parcel divisions in Michigan are governed by the Michigan Land Division Act (Public Act 288 of 1967), MCL §560.101–§560.293.
The Act establishes requirements governing the creation of parcels outside the subdivision platting process.
One requirement associated with land divisions is adequate access for each parcel created through division.
Access requirements are reviewed by local land division authorities during the division approval process.
Statutory Access Requirement
Access provisions associated with land divisions appear in MCL §560.109, which governs local review of proposed parcel divisions.
Section 109 requires confirmation that each resulting parcel has adequate access to a public road or legally established access easement.
Access documentation is typically reviewed by the local land division authority responsible for approving parcel divisions.
Local review commonly includes verification that access arrangements are legally established and documented in property records.
Michigan Land Division Guide
This article is part of the Northern Michigan Land Ownership Guide, which explains property tax classifications, parcel division rules, and regulatory structures affecting rural land in Northern Michigan.
Related articles in this guide include:
- Michigan Land Division Act: Structure and Function
- How Parcel Splits Work in Michigan
- Parent Parcel Definition Under the Michigan Land Division Act
- Private Road Access Requirements Under the Michigan Land Division Act
- How Zoning Affects Vacant Land in Northern Michigan
- Surveys, Legal Descriptions, and Boundary Records in Michigan
- Structural Factors Affecting Vacant Land Purchases in Northern Michigan
- Qualified Agricultural Property Exemption in Michigan
- Michigan Public Act 58 of 2025 (Land Division Act Amendment)
Types of Access for Divided Parcels
Parcels created through land division may obtain access through several types of legally recognized arrangements.
Common forms of access include:
- frontage on a public road
- recorded private road easements
- recorded access easements
- rights-of-way documented in recorded property records
These access arrangements establish the legal connection between a parcel and a public roadway system.
Private Road Easements
In many rural areas of Michigan, parcels obtain access through private road easements rather than direct frontage on a public road.
Private road easements are recorded legal documents granting access across one parcel for the benefit of another parcel.
Recorded easement documentation may identify:
- the location of the private road
- parcels benefiting from the easement
- parcels subject to the easement
- maintenance responsibilities associated with the road
Private road easements commonly appear in property records associated with rural land divisions.
Local Land Division Review
Local land division authorities review proposed parcel divisions under Section 109 of the Michigan Land Division Act.
The reviewing authority is typically the township, city, or county responsible for administering land division applications.
Review commonly includes confirmation of:
- the parent parcel used for the division calculation
- the number of parcels previously created
- adequate access for each resulting parcel
- documentation supporting the proposed division
Access documentation may appear in recorded surveys, legal descriptions, or easement documents submitted with the division application.
Surveys and Access Documentation
Private road access arrangements commonly appear in survey documentation or recorded parcel maps associated with land divisions.
Survey drawings may identify:
- the location of private roads
- access easement boundaries
- rights-of-way
- parcel boundaries associated with the division
Survey documentation may accompany land division approvals and recorded legal descriptions.
Zoning and Private Road Standards
While the Michigan Land Division Act governs parcel creation, local zoning ordinances and municipal regulations may establish additional standards related to private roads.
Local regulations may address:
- minimum road width requirements
- road construction standards
- maintenance agreements for private roads
- frontage requirements for new parcels
These requirements are administered through local zoning ordinances and municipal development regulations.
Summary
Private road access requirements associated with land divisions in Michigan arise from the review process established under MCL §560.109 of the Michigan Land Division Act.
Each parcel created through division must have legally established access to a public road or documented access easement.
Access arrangements commonly appear in recorded easement documents, surveys, and land division records maintained by the county register of deeds.
These access requirements form part of the statutory and regulatory framework governing parcel creation in Michigan.