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Rights Up Your Driveway ...

Posted by Jay J on May 2nd, 2000 03:58 PM
In reply to Some Help ... (Is There An Attorney In The House???) by Jay J on May 2nd, 2000 09:33 AM [Go to top of thread]


As I mentioned, I'm not an attorney although you may end up having to consult one if you can't work this out with your neighbor.

For starters, here are 2 sites to check out.

Types Of Easements and Love Thy Neighbor

Beyond that, things that are gonna play into importance here are things like: 1) Who owns the property and who has the Easement? 2) What does the Easement say? Does it say Ingress and Egress, or are there other 'usages' stated in it. 3) Is it an Easement that's been Searched? In other words, is this Easement 'on the books'? 4) I'm sure there are other 'things' that are going to play into importance here.

From my readings, when it comes to a driveway, it sounds like, well, it's for Ingress and Egress; not for any other use. As to the other 'encroachments', there too, you need to see if there are any other Easements on the books. Your Title Search should have turned the official ones up. (It's the UNofficial ones that would worry me ...)

(Here I go again on my soap box.) This is why if you haven't retained an Attorney at closing you should have. (If you did, then this is for the benefit of others.) Having an Attorney usually affords the Buyer 'time' in making a decision in buying the home. True, results from a Home Inspection are the most common causes for deal-breakers but finding out Easements can be deal breakers too. A lot survey wouldn't be out of the ordinary either. In fact, if you haven't had one done, soon would be a good time to have one done.

Jay J

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