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Driveway on easement

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riglmead

Junior Member
What is the name of your state? North Carolina

My wife and I purchased a house last year, a newly built one, from a contractor. About four months into ownership of the property, the owner of the lot behind ours informed us that our driveway was on his easement to a lot behind our our house and was in direct violation of the tenants convenants. We recieved a letter from a lawyer instructing us that we must remove the driveway that encroched the easement within x amount of day. We turned to the contractor that built the house who assured us that his company would handle the situation. Well they did in fact handle it by paying for the cutout of the new drive for the easement to the lot behind our house.

The problem now is that I am wanting the convenants changed to reflect the new agreement. Now the contractor is telling me that I will have to fork out the money to get the amendment to the covenants rewritten.

Should I be responsible in any way for having this taken care of ?


If I dont get this amendment it could bite me later down the road.


Should I get a lawyer and ask for any damages of any kind? (ie stress?)
 


seniorjudge

Senior Member
riglmead said:
What is the name of your state? North Carolina

My wife and I purchased a house last year, a newly built one, from a contractor. About four months into ownership of the property, the owner of the lot behind ours informed us that our driveway was on his easement to a lot behind our our house and was in direct violation of the tenants convenants. We recieved a letter from a lawyer instructing us that we must remove the driveway that encroched the easement within x amount of day. We turned to the contractor that built the house who assured us that his company would handle the situation. Well they did in fact handle it by paying for the cutout of the new drive for the easement to the lot behind our house.

The problem now is that I am wanting the convenants changed to reflect the new agreement. Now the contractor is telling me that I will have to fork out the money to get the amendment to the covenants rewritten.

Should I be responsible in any way for having this taken care of ?


If I dont get this amendment it could bite me later down the road.


Should I get a lawyer and ask for any damages of any kind? (ie stress?)

Q: Should I be responsible in any way for having this taken care of ?

A: Yes. In fact, you were lucky that the contractor has been so generous. You should've been aware of this stuff BEFORE the closing by looking at your title commitment and your survey.


Q: Should I get a lawyer and ask for any damages of any kind? (ie stress?)

A: That's life; you don't win the lawsuit lottery.
 

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