Easement / Compensation? / Rights

[KSchmidt]

I have owned my property for 10 years. The lot next to me has a recorded (driveway & parking) easement that is 200'x 25'. The potential new owners (the deal isn't closed yet) of this lot will share the driveway (they will be the owners of the land - and I was granted access upon the acquisition of my property). The driveway runs approximately 125'. The remaining 75' borders my home (see item 2 below for more information). There are a two issues concerning this transition.
1) The new owners have proposed that I compensate them annually (approximately $475) for use of the easement based on the value of the property plus a proportionate share of the property taxes. The easement has been in place for many years (prior to my acquisition of my home) and I believe that I am not required to pay for an easement which has already been granted. I will happily share the cost of plowing, maintenance, etc., however I do not believe I should have to pay to use the property. Doesn't an easement already grant me access - why would I be required to pay for it? Also, is is customary to pay for a share of taxes on the shared driveway?
2) A 75'x25' section of the easement that is recorded borders my home (and in fact my home encroaches onto the property line by 4' at one point). The two lots were once one lot that was subdivivided (many years after my house was built) by block lines (as opposed to considering logical lines around an existing home) and recorded with the county. This section has never been a driveway/parking area, and is actually a portion of my front and back yard that I have maintained for over 10 years. It is obvious that the original intent for the easement extended beyond driving and parking. The potential new owners have indicated that this part of the easement is in jeopardy, because I do not use it for parking/driveway. Do I have any hope for adverse possession or intent of the original easement?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by KSchmidt:
I have owned my property for 10 years. The lot next to me has a recorded (driveway & parking) easement that is 200'x 25'. The potential new owners (the deal isn't closed yet) of this lot will share the driveway (they will be the owners of the land - and I was granted access upon the acquisition of my property). The driveway runs approximately 125'. The remaining 75' borders my home (see item 2 below for more information). There are a two issues concerning this transition.
1) The new owners have proposed that I compensate them annually (approximately $475) for use of the easement based on the value of the property plus a proportionate share of the property taxes. The easement has been in place for many years (prior to my acquisition of my home) and I believe that I am not required to pay for an easement which has already been granted. I will happily share the cost of plowing, maintenance, etc., however I do not believe I should have to pay to use the property. Doesn't an easement already grant me access - why would I be required to pay for it? Also, is is customary to pay for a share of taxes on the shared driveway?
2) A 75'x25' section of the easement that is recorded borders my home (and in fact my home encroaches onto the property line by 4' at one point). The two lots were once one lot that was subdivivided (many years after my house was built) by block lines (as opposed to considering logical lines around an existing home) and recorded with the county. This section has never been a driveway/parking area, and is actually a portion of my front and back yard that I have maintained for over 10 years. It is obvious that the original intent for the easement extended beyond driving and parking. The potential new owners have indicated that this part of the easement is in jeopardy, because I do not use it for parking/driveway. Do I have any hope for adverse possession or intent of the original easement? <HR></BLOCKQUOTE>

If the easement is recorded on title and shown on your survey map, it runs with the land and you are not obligated to pay for the use. You do not pay real property taxes on easement land if the land is not yours. Once you start paying taxes, that will be the start of one of the criteria for you to aquire a portion of the neighbors property through adverse posession.

You need an updated survey map and title report. Sounds like the new Buyer is making stuff up. Does this person have an advanced street degree in real estate law?

 

[Prairielaw]

Homeguru is right on not having liabilty to pay for those things new owner is saying. Maintenance is something you may be liable for, but you are agreeing to that.

As far as the other land, yes you may have some rights to that through adverse possession - the law on that differs with every state.

It may be worthwhile to see a local real estate lawyer, especially if the new owners get any more unfriendly. A letter establishing your rights can be helpful.

Also, here is an article on neighbor disputes others have found helpful. The general information in it may be of use.Mending Neighbor Disputes

Law on, Kevin




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Kevin O'Keefe
Founder & Fearless Community Leader
Prairielaw.com
"More people helping people with the law than anywhere."

 

[Tracey]

The new owners can't take the easement away or require you to pay anything for it. It's yours. Also, just because you aren't using the last 75' doesn't mean you are in danger of losing it. It's yours whether you use it or not, unless a court vacates the easement. (unlikely) See a real estate lawyer about the legal remifications of your house's encroachment on their land. My guess is that a court would find that the original property line was misdescribed, as the owner of the original land & your house would not intentionally have run the property line through the house. It would correct the mistake as a "scrivener's error." Also, you likely have been paying taxes on all the land under your house, since county assessors don't usually do a survey when assessing property values. You may have an adverse possession claim to the land, depending on how the original owner described the boundary line & whether the short plat mentioned whether or not the existing house would violate any setback codes if the property line was set by reference to the block lines.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.