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So I bought a house which was vacant for around a year. What I have discovered is the neighbor uses part of my driveway to access part of his lot for storage purposes. I don't have any easement/right-of-way note on my deed but will run survey anyway not to start confrontation without facts.
Now as the neighbor has been using this access for a while since the house has been vacant the other part where he had access to this part of the lot overgrown with weeds.
Do I have any obligation to provide this access granted there is no easement/right-of-way? I understand that using my driveway to access this part of the property is much more convenient for him but is that enough to make it work for him without any legal agreement with me?
I checked the parcel on the town website and tried to figure out the location and it was pretty easy because our lots are divided exactly between our driveways so while the part of the land he accesses is not landlocked it's much easier to access by going through my driveway. I understand he got comfortable using it while house was vacant as there was nobody to object but I don't want any vehicles on my driveway other than mine.
What I also noticed is that when the neighbor walks to that property by foot he doesn't use my driveway and goes directly to his part of the lot. This got me thinking that he's probably aware of trespassing.
Any input appreciated.
The neighbor may, in fact, have a right to continue using your driveway. It depends on the details. Look up the term "adverse possession" and study it carefully. See if the description fits your situation.
Ok, a few hours of research and I found that he has ROW. It's not on my deed but on his, also found a map. I actually think that ROW is depicted on the lot map on town website as it's actually a straight line with two numbers on it so I was guessing what was that about, I think it explains.
Not a good news but saved me $1000 for a surveryor and frustration of unnecessary confrontation with neighbor.
I wonder if there are any specifics for the ROW? I didn't find any documents, his deed just says he has ROW to his property via mine and a map.
Also how come my deed doesn't mention this right of way but his deed does? This was not disclosed during sale. Do I have any recourse?
Ok, a few hours of research and I found that he has ROW. It's not on my deed but on his, also found a map. I actually think that ROW is depicted on the lot map on town website as it's actually a straight line with two numbers on it so I was guessing what was that about, I think it explains.
Not a good news but saved me $1000 for a surveryor and frustration of unnecessary confrontation with neighbor.
I wonder if there are any specifics for the ROW? I didn't find any documents, his deed just says he has ROW to his property via mine and a map.
Also how come my deed doesn't mention this right of way but his deed does? This was not disclosed during sale. Do I have any recourse?
Your last 2 paragraphs put you squarely in Attorney land.
You may have a title insurance claim or a claim against whoever did your title search, but you start with a real estate attorney to sort out the history.
Ok, a few hours of research and I found that he has ROW. It's not on my deed but on his, also found a map. I actually think that ROW is depicted on the lot map on town website as it's actually a straight line with two numbers on it so I was guessing what was that about, I think it explains.
Not a good news but saved me $1000 for a surveryor and frustration of unnecessary confrontation with neighbor.
I wonder if there are any specifics for the ROW? I didn't find any documents, his deed just says he has ROW to his property via mine and a map.
Also how come my deed doesn't mention this right of way but his deed does?This was not disclosed during sale. Do I have any recourse?
Doubtful. Your deed, in describing the property, may contain such weasel words as "subject to any easements and rights-of-way of record". This, effectively, is a CYA statement by the attorney to cover for anything that he didn't find or specifically list as affecting the property. So, if it's ANYWHERE on record in the courthouse, whether on your chain of deeds, or your neighbor's chain of deeds, or anywhere else, then it still applies.
Actually, if your property is anywhere near civilization, it probably also contains numerous easements for utilities of all kinds, yet these easements aren't likely to be listed on your deed... but yet they are "on record" somewhere in the courthouse if you just knew where to look. Yeah, that kind of sucks, but that's just the way it is.
The issue for the OP that would concern me would be if the neighbor was blocking access to his/her property in any way. That could be a major issue of contention in regards to a right of way access/adverse possession.
Your last 2 paragraphs put you squarely in Attorney land.
You may have a title insurance claim or a claim against whoever did your title search, but you start with a real estate attorney to sort out the history.
Do I start with the one who supported me during the process or I will want to find another one? Not sure if existing attorney has any vested interested in this, I assume yes as he's the one who provided the deed to me before I received original copy from town.
Doubtful. Your deed, in describing the property, may contain such weasel words as "subject to any easements and rights-of-way of record". This, effectively, is a CYA statement by the attorney to cover for anything that he didn't find or specifically list as affecting the property. So, if it's ANYWHERE on record in the courthouse, whether on your chain of deeds, or your neighbor's chain of deeds, or anywhere else, then it still applies.
Actually, if your property is anywhere near civilization, it probably also contains numerous easements for utilities of all kinds, yet these easements aren't likely to be listed on your deed... but yet they are "on record" somewhere in the courthouse if you just knew where to look. Yeah, that kind of sucks, but that's just the way it is.
All easements from utility companies are listed on the deed. Gas/electricity/water.
My deed says as follows:
Said premises are free and clear of all encumbrances, except:
Easement to Gas company
Easement to Light and Power company
Easement to water blah-blah-blah
So it does mention easements from utility company but doesn't mention the right of way one to the neighbor.
The issue for the OP that would concern me would be if the neighbor was blocking access to his/her property in any way. That could be a major issue of contention in regards to a right of way access/adverse possession.
The neighbor is not doing anything like that and I don't think he can. The only downside is that he uses that right of way occasionally and it has impact on my privacy.
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