T
Tim Hartman
Guest
What is the name of your state? Indiana
I am buying a piece of property, the FHA loan requires a road maintenance agreement. The other land owner involved will not sign. His driveway crosses my property and there is not an easement for his drive once it leaves the easement of record. Can I force him to move his driveway to where his property borders the recorded easement and does not cross my property. His existing drive is not old enough to be grandfathered and is not on any of the surveys or deeds/titles, he would still be using the easement of record. Moving his drive would require that he install a culvert over a small ravine. His home is up for sale, without a legal easement he will not be able to sell it, when he purchased the home the seller assumed the drive was legal and the title was transferred without the drive being recorded. The County Recorder and Zoning office both agree that his drive is not legally recorded.
I am buying a piece of property, the FHA loan requires a road maintenance agreement. The other land owner involved will not sign. His driveway crosses my property and there is not an easement for his drive once it leaves the easement of record. Can I force him to move his driveway to where his property borders the recorded easement and does not cross my property. His existing drive is not old enough to be grandfathered and is not on any of the surveys or deeds/titles, he would still be using the easement of record. Moving his drive would require that he install a culvert over a small ravine. His home is up for sale, without a legal easement he will not be able to sell it, when he purchased the home the seller assumed the drive was legal and the title was transferred without the drive being recorded. The County Recorder and Zoning office both agree that his drive is not legally recorded.