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Right of way - not deeded

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Joy Pinto

Junior Member
We purchased a property in NC last year. The driveway (which is on our property) is also used by a neighbor. There was a "handshake" agreement that he maintains the driveway in exchange for its use. We have no problems. The question is: if he sells his property can we set up a new agreement with the new owner? How can we guarantee that? There's no chance that he can eventually claim ownership of the driveway is there? It's clearly on our land, our only access to our home and he has no deeded right of way?
 


seniorjudge

Senior Member
Joy Pinto said:
We purchased a property in NC last year. The driveway (which is on our property) is also used by a neighbor. There was a "handshake" agreement that he maintains the driveway in exchange for its use. We have no problems. The question is: if he sells his property can we set up a new agreement with the new owner? How can we guarantee that? There's no chance that he can eventually claim ownership of the driveway is there? It's clearly on our land, our only access to our home and he has no deeded right of way?
Q: The question is: if he sells his property can we set up a new agreement with the new owner?

A: Yes, see below.


Q: How can we guarantee that?

A: Hire a surveyor to survey the driveway and have a title search run on his land (and I'm assuming you have a title insurance policy on your land). Carry all this to a real estate lawyer in your area; have the lawyer draw up a license (not an easement) for the neighbor to use the land and specify that if the neighbor conveys the land (or if it gets conveyed...as in if he loses it in a foreclosure sale) then the new owners must negotiate with you to get any rights to drive over the land. This is a tricky deal; make sure you get a lawyer who knows what he's doing.


Q: There's no chance that he can eventually claim ownership of the driveway is there?

A: There is no adverse possession since their possession was done with your permission.



You are very smart to get this taken care of right and get this taken care of now.
 

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