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backing out of right of way agreement

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FLeaBarely

Junior Member
What is the name of your state? PA
Recently bought a property with another person. The plan was to divide the property into 2 homes. We agreed that a right of way would be granted to permit auto access to my back yard through the other property. Now that we're ready to re-deed into 2 properties, she doesn't want any right of way mentioned on the deeds. "We should have it as a gentleman's agreement".

I think this would be a mistake. Having it on the deed would seem to make the right of way understand more binding and less error prone.

Opinions? Can she keep it off the new deeds? Should I insist?

Thanks.
 


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