What is the name of your state? WI
We are to close on a house in a few weeks. Our purchase agreement states that the seller will present us with a driveway easement - the road which they access the house to is owned by their neighbors. We just found out that they don't actually have a formally written easement. They have been using the driveway through an oral agreement between them and the owners of the driveway.
In order for us to close on the property, we need to get a written easement signed by the seller and the neighbors who own the property. The sellers title company have drafted an easment, but the neighbors will not sign it. They say they don't have a problem with us using the driveway, they just don't want to sign an easment. As far as we know, there has never been a prescriptive easement in place. This house is 36 years old and has always been accessed using this driveway - but now the owners of the driveway don't want to sign a paper stating that we have the right to access our house.
What can we do? Can we sue the sellers for breech of contract if they don't present us with the easement they said they had in the first place? Are the owners of the driveway legally obligated to sign the easement, since thier driveway has been the means of accessing the house for 36 years?