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easement being requested

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poohbear

Junior Member
What is the name of your state? OR

There is an existing easement through our property to allow a neighbor behind us (who has no road frontage) to access their property. There is another piece of property that is adjacent to both of ours and includes a small strip of land between our two properties (kind of a T shape). That property is currently vacant but for a few old sheds that the owner (who lives elsewhere) stores his "junk" in, but he's wanting to build on it in the near future. That property has road frontage, but no driveway had ever been put in. We have had numerous arguments with him over the years about using our driveway to access his property - he's always just assumed that since a strip of his land is adjacent to our driveway that he has legal access to it too. It finally came to a head when he was looking at letting his kids use the property and suddenly everybody and his dog was going up our driveway to gain access to that property. It finally took me providing him with copies of the 3 property deeds to prove that he really didn't have any right to the easement, and that it was granted solely for the use of the people behind us. We came to an agreement with him that he could use the driveway on very rare occasion and with advance notice (since we ended up gating the bottom of the driveway when we had all the hassle) in order to take things in or out of his shed, but that that would be the extent of it; things have been much more pleasant since that time. He has now been working on clearing out an area for his own driveway from the road, but is realizing it's going to be no small feat (where he wants to build is several hundred feet from the road and the terrain is very uneven and full of boulders). He's now asked if there's a way that he could purchase an easement from us that would allow him to use our driveway permanently. We have numerous reservations, but just wanted to know the ramifications of doing this, whether it's recorded or not recorded, what a typical purchase price would be for something like this, and any other agreements that should be made at the time. My husband has said something about giving him a verbal OK for as long as he lives there, but then revoking it when he want to sell to someone else. I didn't think that was very appropriate, so was wanting more info on what was actually involved. Thanks!
 


BelizeBreeze

Senior Member
Unless there is no other alternative I would stronly suggest you run, do not walk, from such an assignment of rights.

Remember, once assigned, the easement forever follows the land, not the owner.

You need a consultation with a local real estate attorney now.

His problems with constructing a driveway are not your problems.
 

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