Driveway Easement

[troublemaker21]

What is the name of your state? AZ
The driveway I have been using to access my home/property goes through the neighbor's property. I have been using this driveway for 1 year. I have owned this property for 2 years. The prior owner of my home had used this same driveway - since 1999. We do not have any recorded paperwork with the county as to matter because the husband refuses to sign anything. At the time of the closing, my title company had received a fax agreement from the wife allowing me access/permission to use the driveway. The title company stated that this was binding.

The problem is the neighbor's property is being sold and going into escrow shortly. Now they want me to sign a Quiet Title/ Quit Claim Deed. If I don't, their attorney is threating to sue me and pay their legal fees.

My question : If I stop using the existing driveway (having a new one put it), can they still take me to court and win and pay their fees? I do not want to be forced to sign anything. Thank you.

 

[shortbus]

Assuming you have a valid easement, what can the attorney sue you for? It sounds like blatant intimidation.

 

[troublemaker21]

? Valid Easement

When you mentioned assuming I have a valid easement, I don't know if you mean from my own property or theirs. My new driveway will be on my own property. I will stop using the driveway that crosses their property. (Other property owner refers to it as trespassing, but there are no signs posted).

I'm concerned how they can try to force me to sign anything and still be able to sue and recover costs. If they try, I can't afford an attorney and would end up going to court without one.