termination of right of way

[chrissy63078]

Pennsylvania. I am currently selling my house. I have a driveway that only i use, however it is on my neighbors property. The person that want to purchase my property wants my neighbor to give up rights to the right of way deed agreement. Is this possible? My deed and my neighbors deed use the same verbage. together with and subject to a right of way for ingress and egress, herby granted to lot no 3 (my house).

 

[drewguy]

I don't understand - if the easement is on your neighbor's property why do you or the buyer or your house want to give it up?

If it is on your property and your neighbor has rights to it then it's a different question.

Either way the question is whether you are willing to pay to have someone give up his rights and he is willing to accept that amount of money. A real estate lawyer can easily write a deed to eliminate the easement.

 

[chrissy63078]

The easement is on my neighbors property. We have the right to use the driveway. The people that want to purchase my property want my neighbor to give up rights to the easement that exists on his property (driveway)

 

[chrissy63078]

can I ask my neighbor to give up his right of way even though it is on his property? He does not use the driveway.

 

[justalayman]

what you are saying makes no sense. If you have an easement on the neighbors property, there are no rights he can give up. He already gave up the right to restrict you and subsequent owners of your land from using that section land.

The party that has rights to give up would be you. You enjoy the right to drive on the neighbors property.

 

[154NH773]

From what I interprete; the buyer of your house wants exclusive rights to the neighbor's property that contains the driveway. They probably don't want the neighbor to start using the driveway in the future.

That is something that either you, or the new buyer, will have to negotiate with the neighbor. Is it possible? Anything is possible, but it will probably cost some money if the neighbor is even willing to agree. It would essentially be like buying that piece of property from the neighbor, except the neighbor would still own it and continue to pay the taxes.

Expect to pay for any agreement, and if you get such an agreement it would raise the value of your house, so make the buyer pay.

 

[justalayman]

I can see that as a possibility. If I was the neighbor I would tell you to, uh, forget about it. If you are looking for exclusive use, you might as well consider offering to buy the land. As 153nh733 stated, exclusive use would give you all rights to the property but the actual owner would be paying taxes on it. I wouldn't agree to it myself.

 

[strongbus]

Wounder if what the people buying OP's land are trying to say is that they don't want an right of way to use the driveway on the neighbor's land, but want the neighbor to give up ownership of the land and make the driveway part of their land.

 

[chrissy63078]

What I need to clarify is what my rights or the new owner of my house's right would be to that driveway? Could my neighbor sell his house and the new owners be *******s and take away the right of way? or prohibit me/new owner from using the driveway.

here is the verbage in both of our deeds.

together with and subject to a right of way for ingress and egress, herby granted to lot no 3 (my house).

 

[justalayman]

the rights would be within the document that created the easement. Since it states: ingress and egress, well, that's what it allows. You can use it as a driveway to get to your house.

the part you didn't include that is critical in determining an answer to your latest question is: does the easement state it runs with the land, transfers the the heirs and assignees of the grantee, or anything that would show it was a permanent easement? If so, the easement cannot be withdrawn by the grantor.

 

[154NH773]

together with and subject to a right of way for ingress and egress, herby granted to lot no 3 (my house).

If that is the only reference to the easement, and it appears in both deeds (yours and your neighbor's), and it refers only to your rights (lot No. 3), then I would say that the right of way is appurtanent to your property, meaning that it is permanent and may not be extinguished unless you (or the new owner of your property) chooses to extinguish it.

If that is the only language, and there is no plat (map or plot plan) showing the right of way, then the driveway is not specifically located on the ground, nor is it described as to its size or width, or how it is to be maintained. That could be a problem if the neighbor wants to argue useage, maintenance, location, or any number of other issues.

 

[Mike Krall]

This is related... loosely. Wishing to terminate a right-of-way. We own the land the ROW is on and the ROW cannot be used to access other property. Also, our property is under a Conservation Easement (IRS QCC) and can no longer be developed so there is no potential for other property owners and a need for a ROW.

We need to understand if this can be done and both what we can do to accomplish this and how it must be done (if we can do it ourselves, we will).

Thanks for any help...

M.Krall

 

[justalayman]

This is related... loosely. Wishing to terminate a right-of-way. We own the land the ROW is on and the ROW cannot be used to access other property. Also, our property is under a Conservation Easement (IRS QCC) and can no longer be developed so there is no potential for other property owners and a need for a ROW.

We need to understand if this can be done and both what we can do to accomplish this and how it must be done (if we can do it ourselves, we will).

Thanks for any help...

M.Krall

You need to start your own thread if you have your own question.

You also need to include the germane state as asked.

 

[Mike Krall]

Thank you for the logistics help... I'll do it...

M.Krall