easement not on our deed

[JenSue]

Hello- 2 questions. we bought an old victorian house in Maine.. it was built c. 1887. 1) according to our settlement papers we bought title insurance. According to the title company we verbally refused title insurance and they mailed us a check 6 weeks after closing. I remembered getting a check, but it did not reference a refund for the owner's part of the title insurace.. we still had to buy the morgtages portion of the title insurance. Shouldn't we have signed something to deny coverage...on the settlement papers? I swear we wanted it.. because I was wary that the seller may be getting divorced and didn't want his ex to put a lien on our house.. etc.

2) The reason I want title insurance now is.. that our warranty deed to our house.. says we are free and clear.. our neighbor has his deed that shows that he has a 12 foot right of way.. or useage on our property. According to research our neighbor has done.. originally the property was all one.. and in 1802 it was subdivided.. the woman who sold it gave herself acess on our property...I don't understand why she did not just kept the property lines out.. if she wanted access. our house was not even in existance at that time.. However.. our deed states no where.. anywhere.. all the way back that this easment ever existed. Our neighbor will have been there for 19 years... and in Maine.. usage is 20 years. He uses the easement as a driveway to get to his garage.. which he moved about 10 years ago.. he switched the door from his side to our side. He has driveways on both sides of his property.. with no yard. He doesnot need the easement to access his property.. except that he moved his garage door.
Our property has a driveway in the back as well.. we would like to take out the front drive all together. our neighbors agree that they could enter their garage from the rear of our property.. but want us to state it on their and our deeds. Since we don't currenty have an easement on our deed.. and would rather not... what should we do? Does he have any binding rights? We would rather not have any easement on our property for him... and since the house is up for sale.. this is a good time to pursue it for us... could we cloud the title?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JenSue:
Hello- 2 questions. we bought an old victorian house in Maine.. it was built c. 1887. 1) according to our settlement papers we bought title insurance. According to the title company we verbally refused title insurance and they mailed us a check 6 weeks after closing. I remembered getting a check, but it did not reference a refund for the owner's part of the title insurace.. we still had to buy the morgtages portion of the title insurance. Shouldn't we have signed something to deny coverage...on the settlement papers? I swear we wanted it.. because I was wary that the seller may be getting divorced and didn't want his ex to put a lien on our house.. etc.

2) The reason I want title insurance now is.. that our warranty deed to our house.. says we are free and clear.. our neighbor has his deed that shows that he has a 12 foot right of way.. or useage on our property. According to research our neighbor has done.. originally the property was all one.. and in 1802 it was subdivided.. the woman who sold it gave herself acess on our property...I don't understand why she did not just kept the property lines out.. if she wanted access. our house was not even in existance at that time.. However.. our deed states no where.. anywhere.. all the way back that this easment ever existed. Our neighbor will have been there for 19 years... and in Maine.. usage is 20 years. He uses the easement as a driveway to get to his garage.. which he moved about 10 years ago.. he switched the door from his side to our side. He has driveways on both sides of his property.. with no yard. He doesnot need the easement to access his property.. except that he moved his garage door.
Our property has a driveway in the back as well.. we would like to take out the front drive all together. our neighbors agree that they could enter their garage from the rear of our property.. but want us to state it on their and our deeds. Since we don't currenty have an easement on our deed.. and would rather not... what should we do? Does he have any binding rights? We would rather not have any easement on our property for him... and since the house is up for sale.. this is a good time to pursue it for us... could we cloud the title?<HR></BLOCKQUOTE>

Get a current survey done, mark all boundaries and block all easements. If there are no easements/right of ways of record on your title, then do not let anyone use your property for ingress/egress.

 

[JenSue]

Thank you for your reply...Should I put up fences after marking the boundaries or should I try to settle with him first? I was concerened that the long time useage of the property by him would grant him rights even though it is not on our title. They told us up front that they will not incurr and costs associated with this.

 

[JenSue]

Thank you for your reply...Should I put up fences after marking the boundaries or should I try to settle with him first? I was concerened that the long time useage of the property by him would grant him rights even though it is not on our title. They told us up front that they will not incurr and costs associated with this. My husband and I are going to see legal counsel, but in the meantime my neighbor is selling his house... stating that this easement is ligt. Is there anything I can do about that?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JenSue:
Thank you for your reply...Should I put up fences after marking the boundaries or should I try to settle with him first? I was concerened that the long time useage of the property by him would grant him rights even though it is not on our title. They told us up front that they will not incurr and costs associated with this. My husband and I are going to see legal counsel, but in the meantime my neighbor is selling his house... stating that this easement is ligt. Is there anything I can do about that?<HR></BLOCKQUOTE>

After the survey is completed, you should up a fence or something that demarks your boundaries. This will be good for any propective Buyers to see, so they know that there is no access through your property.
In the meantime, send a certified letter to the neighbor and his real estate agent stating that you are disputing his right to access your property as your title report does not indicate an easement or right-of-way on title. You have ordered a new survey to resolve any questions.

 

[Prairielaw]

I disagree with homeguru on this one -- that is if I understand the facts. It is very possible for the neighbor next door to have an easement without any reference to it being on the deed you received. His easement was created years ago with the deed from the person who originally owned the whole property. That easement may continue to run with the land and gives him the present right. If that's the case, the only claim you may have would be against the person who sold you the property for any damages you sustained by having this easement across your property.

The whole deal with the title insurance sounds crazy.

I strongly suggest talking to a real estate lawyer. Handling this type of thing on your own now could lead to all types of future expensive problems. It's your home -- you have a lot into it. Don't screw around.

You can find a lawyer here at Free Advice or on our site in our Find a Lawyer Directory. In an effort to best serve our users we affiliated with lawyers.com, a service of Martindale-Hubbell, a data base of 420,000 lawyers and the definitive guide to American lawyers.

Law on, Kevin

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

 

[JenSue]

Dear Kevin-

Thank you for the reply.. as far as we and our title company have found.. no easement has ever been on our deed... our house was built in 1887-- give or take a couple of years..
So what you are saying is that his right exists through use.. and because he has always had the easement on his deed?

Regarding the title insurance.. I thought it was bizzare also.. here I have the settlement funds..the big long paper.. and here we paid for it.. but they refunded it? Oh well.. I suppose that is water under the bridge.. it just irks me that something so important would not require a signature to refuse coverage.. or revoke after we paid for it in the first place. The title company was not very organized at the closing to begin with.. our realtor was not too happy and he no longer uses them.

I appreciate you input and time

Sincerely-

Jen