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Help with easement issue

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aarmandms

Guest
What is the name of your state? New York
Hi, I am thinking of purchasing a home that has a private driveway on one side and a party drive on the other side. It is located at the end of a dead end block. The garage of the property I wish to purchase is located in line with the private driveway. My understanding of a party driveway is that it is for the use of both property owners to access their garages. The title/survey shows that it is an easement of which I own about 4-5 feet of and am paying taxes for. The present owners made a fence on their property blocking their access to the party drive. The neighbors therefore have been using the party drive for themselves, parking several cars, putting this garbage cans, and they even erected a gate perendicular to the party drive towards the back. This has been going on for about 10 or more years. The owners have told me that they have spoken with the neighbors and that they have agreed to take down the gate. I intend to put this as a contingency on my contract. My question is, should I meet with the neighbors and talk to them myself (not looking forward to this)? Should I get the neighbors to sign a written document, and if so, what document and who prepares it? Should I not make a big deal of this and simply make sure that the neighbors take down the gate before I close. Or, should I walk away from the property because this is just going to be a big headache. It is a good deal but I do not want to pay for anything I do not use.
 


FarmerJ

Senior Member
take the time to have a real estate atty review all documents for the easement and shared driveway and then decide wether you wish to make a offer . this way you will be informed of any pitfalls that may occur with any poorly written easement that is found .
 
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aarmandms

Guest
Thanks FarmerJ. I will show it to my attorney. I think I will also put a contingency on my contract that the neighbors will take down their fence. I am still wondering whether I need that signed agreement by the neighbors to recognize the easement. I guess I am just afraid that despite taking down their fence, they will still park there and I don't want the hassle of having to ask them to move their car/cars each time I have to use my garage. But I guess this is the case with any party driveway type easement. I really appreciate your response. If you think of any other advice I would really be glad to hear it. It is a big decision for me. Thanks again.
 

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