Totally can be different in different places, but I think most people have title insurance and aren’t super well educated on when to call and use it 
Wasn’t trying to discount your experience either, and OP and her neighbors definitely need attorneys involved, I agree with you on that. It is just often much easier to get to a real resolution without bad blood if it’s part of a title claim than if you’re asking someone to come out of pocket.
3 Likes
As someone who lives on a private road with an easement, do whatever you can to get out of it.
The guy whose property we have the 30 foot easement on decided to build a stonewall right next to our road. This makes it difficult for the plow to get through.
Three houses are on our private road. And we have it in the deeds that all three of us are responsible for the road. But that doesn’t stop the jacka$$ next door from having his plow guy come plow a single strip to his driveway and then leave the rest of the cleanup to the other two houses’ plow guy.
Never again will I live on a shared driveway with an easement!
5 Likes
Why do they have to agree?
Because you can’t landlock a property in the state in question. This is mountainous terrain and there’s no other way on.
There’s more to it (grandma was not of sound mind when she signed this parcel over) but the terrain alone will do it.
1 Like
In case anyone runs into this and wonders what might happen next… I (and my neighbors) are now being sued. Have a thousand other things going on in life right now but off I go to find a lawyer. People are such *********.
12 Likes
What’s the basis of the lawsuit? Prescriptive easement?
1 Like
Ugggh. I’m sorry. What about your title insurance? Hopefully they will help?
5 Likes
Don’t be afraid of it - that’s super classy of your future neighbors though (it’s the buyers right, not your longtime neighbors?). Sounds like I wouldn’t be doing them any favors or giving ANY benefit of the doubt, they’ve proven they’re going to bulldoze through to get what they want.
I’m also interested in the basis of the lawsuit. You said the new buyers were likely strapped for cash, so I’m betting they are hoping you’ll cower at the thought of litigation and just let them have what they want.
11 Likes
I think this is the case, although I don’t really know what I am reading.
2 Likes
Any updates?
2 Likes
We ended up getting a lawyer and made some modifications to the agreement & signed it. Huge waste of money that we ended footing for the (current) neighbors. Stil grinds my gears but we didn’t have much choice and atleast my property is protected as best as possible.
9 Likes
Sorry that it ended up that way. Darn.
And your neighbor has not offered to reimburse you, I assume.
This gives me an idea. I am on the original site of a farm that has been parceled and sold off in minimum acreage lots over the decades. The original farm owners landlocked themselves by selling a parcel in front of their house including the road to their own house. 
Now the original lot is, in practice, landlocked and I have an easement from New Lot Neighbor to reach my driveway to my house.
New Lot Neighbor will sell imminently. How do I propose they parcel out the land under the shared driveway and sell it to me before they sell the property? Then I would hold the easement, rather than be beholden.
Survey attached shows the road/driveway both properties use (the slightly arched line with hash marks), as well as the “pipestem” (outlined in thick black) to my original property. Pipestem was never developed/paved.
New Lot Neighbor has a full property line of road frontage, so room to build their own driveway. New Lot Neighbor will sell imminently. Now is my chance to flip this risk around. Ideas?
I hope you don’t mind, OP, since your situation is now resolved.
Having been close to a (somewhat) similar landlocked situation a few years ago …
First, get the best attorney in your area, who has a history of successfully working with issues in rural property, to help you. Without getting the attorney advice upfront, you could put in a lot of time and effort trying to work something out, and have it not be feasible because of some esoteric thing that wouldn’t occur to anyone. Something that could cause legal or title issues later on, or some weird restriction by a county or state – whatever it is.
This situation isn’t new to the attorney. Their experience and knowledge will be invaluable, and save do-overs and mistakes later.
With the help of the attorney, come up with a fair and reasonable offer to resolve the situation, and present it one-on-one to the neighbor.
Friendly. Make clear that you are accommodating them in some way, as well, making their life better, make it look beneficial to both of you. Start with that, in some frame – “I know my driveway crossing your property is kind of an ongoing issue for you – I have an idea I that I think will resolve that. And possibly make your property sale a bit easier since you won’t have to deal with it with a buyer. And put some extra change in your pocket as you prepare to sell.” Something along those lines.
You may want to ask the opinions of others who have been through similar situations – but hard bedrock rule of life, don’t follow advice from anyone who knows less than you do. If the attorney has a different opinion or suggestion, go with the attorney.
And not to repeat too much – have the attorney involved up front. It is likely to be some of the best money you ever spend. 
Good luck. Of course we are all interested in the learning experience of finding out how this comes out! 
8 Likes
So I know less than you do 
but it sounds like you want to buy the current driveway which means the current owner would need to build an entirely new driveway. That’s an expensive proposition immediately before selling. Money they won’t get back in a sale.
The price you pay would have to cover that construction, and the reduced price for the smaller lot, with something over to compensate the current owners for the hassle.
That’s aside from the question of whether a land severance would be approved in time to complete the build before they put the property up for sale. If it even would be approved.
1 Like
Yes, @RedHorses you understand the situation/proposal exactly. So I have to frame it like @OverandOnward is brainstorming. That this will benefit them in some way.
I am super-duper friendly with the owners and family. Wife is in hospice, house will be sold upon her death. There is no mortgage. Money is needed to pay off medical debt.
I need to brainstorm a way to frame is as removing the easement will remove a deterrent in a slow housing market.
I have used a real estate attorney to draft the easement agreement when I bought my place. No idea how good he is.
I wonder what the cost difference is in developing my own driveway from scratch vs buying the existing, shared one? 
There is some other weirdness like their shed’s ramp terminates AT my property line. If my fence wasn’t set back six feet from my lot line, they couldn’t get a rake out of the shed without trespassing, let alone the riding mower.
Not their fault: the fault of my farm’s original owners, who divided up the property and sold to their adult children. That’s all well and good until the kids move and strangers buy the neighboring houses.
3 Likes
Sorry to be thick, but does this mean that everyone can still use the road that is on your property? What protections did you get?
2 Likes
Friendly neighbors are a good start, aren’t they. Here a couple of other brainstorms that you may have already thought of.
Knowing that it is hard for you as well as them to start this conversation at such a sensitive time, IMO they would likely welcome the chance to say ‘yes’, they’d like to settle this now, or ‘no’, they prefer to wait until after their circumstances change.
Maybe something like “I wanted to mention that I have an idea to settle our driveway situation in a way that I think would be beneficial to you, as well as me. But if this isn’t a good time for your family, we don’t have to do this now. I’m glad to talk about it any time, now or later.”
That alone will probably at least open an introductory conversation, even if they say ‘we’d rather wait’. Be ready with the ‘elevator’ short version to give an idea, as I’m sure they will be curious even if they can’t focus on it now.
It’s possible that for legal/inheritance reasons the family may welcome your proposal and prefer to settle the driveway situation before the wife goes. Or not.
In any case … the driveway rights could scare certain buyers away. No doubt it would truly help the family to sell it to you. It won’t be a surprise to find out that they had actually been thinking of approaching you about it.
Also … likely you already know this … as was explained to me, there is no requirement to die because one is on hospice. A short prognosis allows hospice, but it could be that the wife is not currently in a dire situation, and things are still fairly normal around her. You likely already have an idea about that.
6 Likes
