driveway easement

[new owner]

What is the name of your state? OHIO
I just bought a house with a couple acres of property and did not know it had an easement for the neighbors driveway until I asked her not to park in front of my property.Their driveway goes up a hill and curves in front of my house.They have been parking at the top of the driveway which is actually off the side of the road.She told me to have my lawyer call her.I have received paperwork from the title agency where I signed ownership which shows she has easement rights to "pedestrian and vehicle ingess and egress."What is my first step to legally have her not park in front of my house?

 

[seniorjudge]

What is the name of your state? OHIO
I just bought a house with a couple acres of property and did not know it had an easement for the neighbors driveway until I asked her not to park in front of my property.Their driveway goes up a hill and curves in front of my house.They have been parking at the top of the driveway which is actually off the side of the road.She told me to have my lawyer call her.I have received paperwork from the title agency where I signed ownership which shows she has easement rights to "pedestrian and vehicle ingess and egress."What is my first step to legally have her not park in front of my house?

You did know she had an easement because it was on your title work.

Is where she wants to park on the easement? She cannot block an easement.

Please make it clear exactly where she is parking and exactly where the easement is.

 

[nextwife]

If the easement was in your title report, you purchased "subject to" that easement. You are stuck with it unless the party that benefits from the easement for whatever reason, would agree to have release it. Unlikely.

Have you now, at least, thoroughly READ the easement so you know what rights it does and does not give her? Do you know where the easement lies?

 

[new owner]

Actually I am really stupid, I guess, but the only paperwork I got was a mortgage survey that showed "Apparent Encroachments". I never even looked at this paper until much later when this came about. I don't even know what encroachment means. Because, she has a fence up also, that shows on the map Apparent Encroachment. I was going to leave the fence up but she has put holding posts in my yard which I was going to remove, now I don't know if I can do that. However, if I get a survey will it show exactly how wide her driveway easement should be. When she parks at the top she is actually off the gravel part and on my grass terrain, leaving room for any other vehicles to get in their driveway.

 

[nextwife]

What about title insurance? Didn't you get an owners policy??????? Have you asked your RE broker or attorney if they have a copy for you?

Is this an encroachment or does she have a recorded easement?

 

[seniorjudge]

She cannot park on your land.

However, I am still not clear on who is doing what here.

I guess you will need a survey to clear things up.

 

[new owner]

Dear next wife,
She has an easement for the driveway use and an encroachent that shows her fence. What is an encroachment? I am going to have a survey. Will that show me how wide her driveway easement actually is. Because what she is doing is parking to the far right of the driveway off the gravel path slightly and in front of my property where trees are located (in the country).
Like I said I should have read a realty for dummys book. You think the realty company would have told me all of this.

 

[nextwife]

Let's start with what LEGAL, established rights she has. Go to your closing file and look for a copy of a title commitment/policy issued for this purchase. Once you find it, read it over and see if there is mention (likely in Schedule B II or C) of an easement

Regarding: an encroachment. That may not have been known unless a survey had been done. Yes, you will now need a survey.

You will also need a RE attorney to sort through this, as you obviously are not sure what is what..

 

[seniorjudge]

She has an easement for the driveway use and an encroachent that shows her fence. What is an encroachment? I am going to have a survey. Will that show me how wide her driveway easement actually is. Because what she is doing is parking to the far right of the driveway off the gravel path slightly and in front of my property where trees are located (in the country).
Like I said I should have read a realty for dummys book. You think the realty company would have told me all of this.

An encroachment means, for example, that a building on my land goes across the boundary line on to your land.

A survey should show you where her driveway easement and driveway are; obviously, you need to tell your surveyor exactly what it is you want him to show on his plat.

Realty companies generally only answer questions that they are asked.

 

[new owner]

Thank you Senior Judge, I already know that she cannot park there because it is just an ingress and egress but she is not listening to me and is still parking there. Plus it is off the driveway gravel and into my grass. I had put up a no parking sign, when all of this began, but that is when she brought over a copy of the driveway easement and she said I had to take it down. I did, but wish I wouldn't have. I cannot afford a RE lawyer. Will the survey people be able to say anything to her?

 

[seniorjudge]

"...Will the survey people be able to say anything to her?..."
Anybody can talk to anyone in this country. Whether they will and whether she will listen are questions that I cannot answer.

 

[nextwife]

Thank you Senior Judge, I already know that she cannot park there because it is just an ingress and egress but she is not listening to me and is still parking there. Plus it is off the driveway gravel and into my grass. I had put up a no parking sign, when all of this began, but that is when she brought over a copy of the driveway easement and she said I had to take it down. I did, but wish I wouldn't have. I cannot afford a RE lawyer. Will the survey people be able to say anything to her?

The surveyor's function is to provide YOU an accurate survey. It is then up to you to use that as legal evidence of what is where in any legal challnge you embark upon.

So, she HAS a recorded easement? Do YOU have a copy and WHAT does it say? If she has no legal right per the easement agreement to park there, how about a small retaining wall or railroad ties along the edge of the easement area that would not allow her to drive/park outside the easement?

 

[new owner]

Dear Next Wife, That is exactly what I thought I would do, is put up railroad ties. However, we both live on inclines and driveway use is bad in the winter, and I may have to park there myself, she does have land in front of her house but apparently does not like to park in her own yard. I do have a plat map (spelling ?)from surveying company. I have a call in to them today to help me explain and have not heard back yet. But I thought you guys could give me more good info.

 

[nextwife]

So, she HAS a recorded easement? Do YOU have a copy and WHAT does it say?

Well?

 

[new owner]

Dear Senior Member, me again.

Does an encroachement mean that my neighbor has the legal right to have her fence on my side of the property? The property line goes at an angle and the front half is over 16 feet on my side. When I have survey done, can I remove fence?