Neighbor tells me he has easement - no proof

[shades@midnite]

What is the name of your state?What is the name of your state?What is the name of your state? Missouri

Sorry for the long post but need to know if I need to retain a lawyer. I just bought a house. New neighbor seemed nice but informed me he has an easement on my driveway, even though he has his own. I was not told of an easement at closing. I've talked to the title company who went back through my papers and said no easement. Talked to the county who says no easement. Tried to explain this to neighbor. What apparently happened was this. A few years ago, the people who used to own his house (Seller #1) had some legal dispute about an easement with my seller (Seller #2) and their settlement agreement said that Seller #1 could have an easement on Seller #2's property if they (Seller #1) paid for everything, survey, legal fees, etc. This is the "Proof on paper" that my new neighbor is waving in my face. I even called Seller #1 about this and he explained to me that they just decided to sell and move away so they never got the easement but he gave copies of the paperwork to my new neighbor. He supposedly explained to his buyer (my new neighbor) he couldhave the easement if he wanted one but would have to pay for everything like it's specified in the agreement. I think the buyer/new neighbor misunderstood and thinks the settlement agreement is proof of his easement so nothing was ever done and then my seller (#2) sold the house to me.

I've talked to my sellers and they told me they mentioned the above to new neighbor several times over the years with no disagreement from him and they don't know why he's all of a sudden up in arms about his so-called easement. Do I have to give the neighbor an easement? He says I do and will sue me. Both of the parties involved in the settlement agreement have moved away and those papers are 6-7 years old. Can I hold my seller responsible for not telling me there was once an easement problem on their land? I would not have bought the property if I thought I'd have to give up an easement. Thanks!!!

 

[FarmerJ]

Does any of the paperwork offer a expiration date ? You may end up having to tell them NO and make them prove in a court that they have a valid easement. Try the links up to to arrange for a consultation from a atty and have them look to make sure there is nothing you have missed and give you a opinion on this matter.

 

[Just Blue]

What is the name of your state?What is the name of your state?What is the name of your state? Missouri

Sorry for the long post but need to know if I need to retain a lawyer. I just bought a house. New neighbor seemed nice but informed me he has an easement on my driveway, even though he has his own. I was not told of an easement at closing. I've talked to the title company who went back through my papers and said no easement. Talked to the county who says no easement. Tried to explain this to neighbor. What apparently happened was this. A few years ago, the people who used to own his house (Seller #1) had some legal dispute about an easement with my seller (Seller #2) and their settlement agreement said that Seller #1 could have an easement on Seller #2's property if they (Seller #1) paid for everything, survey, legal fees, etc. This is the "Proof on paper" that my new neighbor is waving in my face. I even called Seller #1 about this and he explained to me that they just decided to sell and move away so they never got the easement but he gave copies of the paperwork to my new neighbor. He supposedly explained to his buyer (my new neighbor) he couldhave the easement if he wanted one but would have to pay for everything like it's specified in the agreement. I think the buyer/new neighbor misunderstood and thinks the settlement agreement is proof of his easement so nothing was ever done and then my seller (#2) sold the house to me.

I've talked to my sellers and they told me they mentioned the above to new neighbor several times over the years with no disagreement from him and they don't know why he's all of a sudden up in arms about his so-called easement. Do I have to give the neighbor an easement? He says I do and will sue me. Both of the parties involved in the settlement agreement have moved away and those papers are 6-7 years old. Can I hold my seller responsible for not telling me there was once an easement problem on their land? I would not have bought the property if I thought I'd have to give up an easement. Thanks!!!

I'm confused. You have posted before about another neighbor refusing YOU access to an easement....so whats up?

 

[FarmerJ]

Im not sure where you came up with that last statement . I have had one property that had a shared common sewer pipe where pipe went from one homes basement to other homes basement to tie in and then go to the actual tap , Both homes were connected that way when water and sewer first came in some time after 1900 and the home next to mine was torn down and I called city and had them order that the sewer line be protected during tear down going on at nbrs and that is the only easement issue I have ever had with any other property and again this was in the early 90s when that problem took place . I recently posted about denying a city inspector access to a home that I had bought and that incident with the city inspector Jane was in 1987 or maybe spring of 88 when my city had NO ords mandating home inspections to be done by the city. They didnt get around to creating mandated at time of sale insp until late 99 or early 2000. so I am not sure where you get the idea that I have been denied easement

 

[I AM ALWAYS LIABLE]

Im not sure where you came up with that last statement . I have had one property that had a shared common sewer pipe where pipe went from one homes basement to other homes basement to tie in and then go to the actual tap , Both homes were connected that way when water and sewer first came in some time after 1900 and the home next to mine was torn down and I called city and had them order that the sewer line be protected during tear down going on at nbrs and that is the only easement issue I have ever had with any other property and again this was in the early 90s when that problem took place . I recently posted about denying a city inspector access to a home that I had bought and that incident with the city inspector Jane was in 1987 or maybe spring of 88 when my city had NO ords mandating home inspections to be done by the city. They didnt get around to creating mandated at time of sale insp until late 99 or early 2000. so I am not sure where you get the idea that I have been denied easement

My response:

I think FarmerJ has finally gone off the "Deep End." FarmerJ, to whom are you speaking, and to what portion of their post are you referring?

IAAL

 

[rmet4nzkx]

My response:

I think FarmerJ has finally gone off the "Deep End." FarmerJ, to whom are you speaking, and to what portion of their post are you referring?

IAAL

Sorry to hijack but can you go do some housekeeping over in medmal?
https://forum.freeadvice.com/showthread.php?t=270202
It will be greatly appreciated The kicker is on page 3

 

[FarmerJ]

Bay you wrote >>I'm confused. You have posted before about another neighbor refusing YOU access to an easement....so whats up?<<< This last weekend has been bad emotionally, physically, Very tired due to long hours at work. so If somewhere I miss understood the OP Apology offered.
http://www.kstp.com/article/stories/S10036.html?cat=1
Today will be the first wake then tomorow the funeral

 

[Happy Trails]

Bay you wrote >>I'm confused. You have posted before about another neighbor refusing YOU access to an easement....so whats up?<<< This last weekend has been bad emotionally, physically, Very tired due to long hours at work. so If somewhere I miss understood the OP Apology offered.
http://www.kstp.com/article/stories/S10036.html?cat=1
Today will be the first wake then tomorow the funeral

Baystategirl, was responding to the OP.

FarmerJ, sorry to hear about the tragedy.

 

[Just Blue]

Bay you wrote >>I'm confused. You have posted before about another neighbor refusing YOU access to an easement....so whats up?<<< This last weekend has been bad emotionally, physically, Very tired due to long hours at work. so If somewhere I miss understood the OP Apology offered.
http://www.kstp.com/article/stories/S10036.html?cat=1
Today will be the first wake then tomorow the funeral

Farmerj...I am so sorry...this is terrible! God bless...

 

[Veronica1228]

Bay you wrote >>I'm confused. You have posted before about another neighbor refusing YOU access to an easement....so whats up?<<< This last weekend has been bad emotionally, physically, Very tired due to long hours at work. so If somewhere I miss understood the OP Apology offered.
http://www.kstp.com/article/stories/S10036.html?cat=1
Today will be the first wake then tomorow the funeral

FarmerJ, I'm so sorry....you're in my prayers, hon. Take care and let us know how you're doing.