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Jchase

Guest
What is the name of your state?What is the name of your state? TN

I share a driveway with the house next door. My deed states there is a shared driveway, his deed does not mention it. My tax asessement statment says there is an easement where the driveway is, he states his does not. I am not sure if the driveway is completely on his property, but it appears to come just a little bit onto mine. I have lived here longer than him and the day he moved in he came an acknowledged the fact that we shared a driveway and ask just I not block it.

A few weeks ago he got mad an demeandeed that I cut a hedge that runs down my side of the driveway by 7am the following morning. I work nights and this was at 6pm I was already on my way to work. My wife told him that it would be done as soon as possible but not by the next morning. This made him mad and now he blocks the driveway. This has not personally affected me cause I have another access from behind my house.

The problem is that my house has been for sell and now that I have a buyer he is really starting to get in the way. He calls and demands to know the agents name for the buyer and has called my agent several times. He cotacted the real estate attorney who closed both properties and was told he had no right to block the driveway or refuse usage. I sold my house as having a shared driveway and now the buyers are thinking of backing out. I have contacted another attorney to see what I can do, but I am afraid it is too late to stop the buyers from backing out.

If the buyers back out and state it is bacause of him can I sue him?
And if the real estate company that did my title search cleared my title as having a shared driveway and it doesn't can I sue them?

I really don't want to live here anymore :(
 


HomeGuru

Senior Member
Jchase said:
What is the name of your state?What is the name of your state? TN

I share a driveway with the house next door. My deed states there is a shared driveway, his deed does not mention it. My tax asessement statment says there is an easement where the driveway is, he states his does not. I am not sure if the driveway is completely on his property, but it appears to come just a little bit onto mine. I have lived here longer than him and the day he moved in he came an acknowledged the fact that we shared a driveway and ask just I not block it.

A few weeks ago he got mad an demeandeed that I cut a hedge that runs down my side of the driveway by 7am the following morning. I work nights and this was at 6pm I was already on my way to work. My wife told him that it would be done as soon as possible but not by the next morning. This made him mad and now he blocks the driveway. This has not personally affected me cause I have another access from behind my house.

The problem is that my house has been for sell and now that I have a buyer he is really starting to get in the way. He calls and demands to know the agents name for the buyer and has called my agent several times. He cotacted the real estate attorney who closed both properties and was told he had no right to block the driveway or refuse usage. I sold my house as having a shared driveway and now the buyers are thinking of backing out. I have contacted another attorney to see what I can do, but I am afraid it is too late to stop the buyers from backing out.

If the buyers back out and state it is bacause of him can I sue him?

**A: yes, you can sue, but will you win the suit? These types of cases are very hard to prevail on.
*********
And if the real estate company that did my title search cleared my title as having a shared driveway and it doesn't can I sue them?

**A: real estate brokerage companies do not do title searches. title companies do.
*********

I really don't want to live here anymore :(
**A: we understand that.
 

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