right of way after mortgage

[murphy48]

What is the name of your state? Mich.

We deeded ourselves a right of way on the side of our property for a future access to a 2nd. parcel in the back. It was required by the township, so the back piece would not be landlocked, as we sold another piece that would have landlocked the back parcel. The problem is- was it legal for us to do that, since the front piece has a mortgage ? It is getting very important, since we are in foreclosure on this piece with our house and the right of way. The back piece has no liens. We would like to build on it if we ever get out of this mess. Could the new owners keep us from building a driveway ?? The house is for sale. We hope to sell before they take it from us.

 

[FarmerJ]

Have you discussed this matter with your realtor ? curious question only have you made a clear path/driveway to the rear of property so there is allready a driveway/path of sorts ? like a gravel drive ? best wishes with the house being for sale . Consider having a real estate lawyer review everything you did incase there is any problem .

 

[murphy48]

We will have to cut a lot of trees to get back there. Maybe we should do that now. We are selling by owner because our equity is so low. [my husband was financially ruined in his divorce 2 years ago, and to top it off, the union has found him almost no work for 2 years]

 

[FarmerJ]

Even If you dont have a realtor make sure you get a attorney to make sure the easement and the sale of your home are done right with no problems . It would be better to spend some now on this than to have it go completely haywire on you and cost even more in the end .