Encroachment/Access Issue 3 years later

What is the name of your state? New Hampshire
I purchased land/house 3 years ago. 85 acres had been subdivided and I own all but 5.8. The 5.8 has been for sale for years and there is a buyer. I now have been informed that the current owner and any new owner has a 700 ft. access right to my driveway. There also was a maintenence agreement executed which since nothing has been built by the owners of the 5.8 has not been enforced.
1. At sale, I was never informed by the owner, the listing realator nor the Title Co. that this access to the drive was part of the deed for the 5.8 acre parcel. Nothing is recorded on my deed to this effect. It states the following
"Excepting and Reserving 5.8 acres conveyed to Thornton dated August 31,1989and recorded**************.." The issue of the driveway access was not declared and I never was provided access to the Thornton deed.
The maintenance agreement information was also never recorded by the attorney that put this together for the previous property owner and owner of the 5.8 acres over 10 years ago. It was recorded recently obviously because there is a sale pending.
Who's responsible and how do I get this resolved. End goal is to eliminate rights to the driveway and any current or future owner of the 5.8 be required to construct their own drive from the public access point off the state road. I also have title insurance so is the title company liable and should I be compensated? Everyone is running for the hills and claiming no responsibility. One interesting kicker. I have rights to cut down any tree over 30 ft. that is obstructing my view in the 5.8 acre lot. This could be over 50% of the trees. This is all forest land on the side of a 3000 ft. mountain.

[lwpat]

Buy the 5.8 acres yourself and the problem is solved. You can then construct a road off the public access and resell if you want.

Otherwise you can threaten a lawsuit that will tie up the sale for the current owner. Have you contacted him to see if he will issue a release?

That always was the plan unfortunately, its overpriced. Its been on the market for years and this issue was never part of the listing until now. I'm trying to find a workable solution but I'm looking for a legal postion on my rights and the proper course of action.