Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
First and foremost, don't forget that I am not a lawyer and I don't play one on television. I am not offering legal advice of any kind, only my opinion.
I do think you need the advice of another attorney if you can find one willing to take your case. Attorneys generally don't like to go after other attorneys in a court of law in such disputes. Don't let that discourage you as there are attorneys who are willing, especially in the event of malpractice/incompetence. Please update the community if you can.
Just talked to a local real estate attorney and he suggested to just file a claim with my title insurance and they will hire an attorney on my behalf to take care of the problem, lol. Still not entirely sure how to approach it best, I'm not looking to start a fight with my neighbor but would like to see if I could be compensated for loss of property value due to shared driveway which has severe privacy impact.
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 story is a good cautionary tale for others, though, about checking neighboring lots before buying, to see if there are any hidden conditions.
The configuration of these lots must be unusual, if it's easier for him to access a back part of his through your driveway, even though the two driveways are parallel, if I understood you correctly. What's he storing back there, that requires frequent trips both by car and on foot to the storage unit? lol Odd situation.
Your story is a good cautionary tale for others, though, about checking neighboring lots before buying, to see if there are any hidden conditions.
The configuration of these lots must be unusual, if it's easier for him to access a back part of his through your driveway, even though the two driveways are parallel, if I understood you correctly. What's he storing back there, that requires frequent trips both by car and on foot to the storage unit? lol Odd situation.
It's also a story of human nature. I had an attorney, a realtor, multiple inspections, owner's title insurance and nobody gave an F about actually doing their job. I think next time I'll have to spend some $$$ for a survey.
He has 5 acres there so he can store a lot of things.
It's also a story of human nature. I had an attorney, a realtor, multiple inspections, owner's title insurance and nobody gave an F about actually doing their job. I think next time I'll have to spend some $$$ for a survey.
He has 5 acres there so he can store a lot of things.
Always survey.
Always.
A good surveyor does a deep dive into the property status.
It's also a story of human nature. I had an attorney, a realtor, multiple inspections, owner's title insurance and nobody gave an F about actually doing their job. I think next time I'll have to spend some $$$ for a survey.
He has 5 acres there so he can store a lot of things.
Well, if you didn't get a survey then essentially you didn't "do your job" (i.e. due diligence) either.
Just an update. Insurance company came back and will pay out 5% for diminished value.
Was that their first offer?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I had an attorney, a realtor, multiple inspections, owner's title insurance and nobody gave an F about actually doing their job. 
I think next time I'll have to spend some $$$ for a survey.
