fighting an easement

[pcdavich]

What is the name of your state? indiana: I have a neighbor subdivided his lot in two when he sold it last year. One lot has a house on it, the other is vacant. The vacant lot is a "corner" lot. it is bound on the west by my property and on the north by the driveway of the other neighbor's home lot. Access to the street must be made between my lot and the other lot with the home on it. The new owners of the home lot are resisting granting an easement across their driveway. Instead, the realtor is pressuring me to grant an easement across my lot so another driveway can be put in adjacent to the existing driveway. All this so the other owner doesn't have to share a drive. I think this is unfair and am likewise resisting. Can I simply refuse to grant the easement?

 

[I AM ALWAYS LIABLE]

What is the name of your state? indiana: I have a neighbor subdivided his lot in two when he sold it last year. One lot has a house on it, the other is vacant. The vacant lot is a "corner" lot. it is bound on the west by my property and on the north by the driveway of the other neighbor's home lot. Access to the street must be made between my lot and the other lot with the home on it. The new owners of the home lot are resisting granting an easement across their driveway. Instead, the realtor is pressuring me to grant an easement across my lot so another driveway can be put in adjacent to the existing driveway. All this so the other owner doesn't have to share a drive. I think this is unfair and am likewise resisting. Can I simply refuse to grant the easement?

My response:

Sure you can. It's your land. You can do whatever you want with it, as long as it meets State, County, and local laws and regulations. You are entitled to the quiet enjoyment and peace of your land. Tell them to "bite rocks." - - unless, of course, they're willing to pay you BIG BUCKS for the use of your land, for say, 20 years and then it reverts back to you for another BIG BUCKS payment.

IAAL

 

[pcdavich]

that's what i thought. I feel i'm on particularly strong ground because the survey that was drawn at the time the neighbor split his lot in two included a "proposed ingress/egress easement" across the existing driveway. The seller, the people who bought the house (knowing the lot had been split in two), and the realter are all trying to ignore this.

 

[I AM ALWAYS LIABLE]

that's what i thought. I feel i'm on particularly strong ground because the survey that was drawn at the time the neighbor split his lot in two included a "proposed ingress/egress easement" across the existing driveway. The seller, the people who bought the house (knowing the lot had been split in two), and the realter are all trying to ignore this.

My response:

Stand out there with a shotgun, and you tell them - -

"Put one foot on my land, and all of you will have another anus."

IAAL

 

[janetj]

What is the name of your state? indiana: I have a neighbor subdivided his lot in two when he sold it last year. One lot has a house on it, the other is vacant. The vacant lot is a "corner" lot. it is bound on the west by my property and on the north by the driveway of the other neighbor's home lot. Access to the street must be made between my lot and the other lot with the home on it. The new owners of the home lot are resisting granting an easement across their driveway. Instead, the realtor is pressuring me to grant an easement across my lot so another driveway can be put in adjacent to the existing driveway. All this so the other owner doesn't have to share a drive. I think this is unfair and am likewise resisting. Can I simply refuse to grant the easement?

 

[janetj]

i also have an easement on my driveway for the limited use of my neighbors to cross my drive to reach the public road. i've had a horrible time out of my neighbors: about using my drive for parking,setting out trees,shrubs and using it as if it were their property,so i have some experience with easements and laws regarding them. it would seem to me that since an easement is already in place, there is no need for you to grant any other one for any purpose. it would just complicate things for you regarding your property and benefit anyone you'd grant one too. sounds like someone is trying to make a sale,and at your expense. there is no law that says you must grant any additional easement,because the one in place serves the purpose.