• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Driveway Easement From Hell

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

ddandie7

Guest
What is the name of your state? California. I received information from this site (very useful) regarding obtaining an easement for a driveway. I have a very steep, narrow lot. The only way to put in a driveway is to come across an unimproved piece of land which was "supposed" to be part of the road, but which is in fact just vacant land in front of my neighbor's property (my neighbor does not own it). I contacted the person I was told owned the land. He will grant an easement for $2,500. When I contacted my title company, explained the situation and asked them to make sure he was in fact the only owner of the piece of property, 8 weeks later, they tell me that: "The road was never offered for dedication. Everyone has easement rights." Then, he said that he would call me back with the name of the old subdivision (back around 1920), and that I would have to try and get ahold of these people since the subdividers own the roadways and that I would have to do a quiet title to figure ownership? WHAT IS GOING ON? My neighbor has a driveway over the same piece of property. I can possibly ask him for a Driveway Maintenance Agreement OR place a driveway next to his. SHOULD I HIRE A TITLE COMPANY MORE FAMILIAR WITH THE AREA? My surveyor recommended one, but I went with the company who closed my escrow. My surveyor told me he is pretty sure this guy does in fact own the roadway in question. He is the heir of most of the property in the area. HELP, HELP, HELP!!!!!
 


HomeGuru

Senior Member
ddandie7 said:
What is the name of your state? California. I received information from this site (very useful) regarding obtaining an easement for a driveway. I have a very steep, narrow lot. The only way to put in a driveway is to come across an unimproved piece of land which was "supposed" to be part of the road, but which is in fact just vacant land in front of my neighbor's property (my neighbor does not own it). I contacted the person I was told owned the land. He will grant an easement for $2,500. When I contacted my title company, explained the situation and asked them to make sure he was in fact the only owner of the piece of property, 8 weeks later, they tell me that: "The road was never offered for dedication. Everyone has easement rights." Then, he said that he would call me back with the name of the old subdivision (back around 1920), and that I would have to try and get ahold of these people since the subdividers own the roadways and that I would have to do a quiet title to figure ownership? WHAT IS GOING ON? My neighbor has a driveway over the same piece of property. I can possibly ask him for a Driveway Maintenance Agreement OR place a driveway next to his. SHOULD I HIRE A TITLE COMPANY MORE FAMILIAR WITH THE AREA? My surveyor recommended one, but I went with the company who closed my escrow. My surveyor told me he is pretty sure this guy does in fact own the roadway in question. He is the heir of most of the property in the area. HELP, HELP, HELP!!!!!
**A: you need to be talking to a real estate attorney.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top