easement vs actual road

[mountainman40]

What is the name of your state? - California

We purchased about 12 acres of property with a house etc about a year ago. The property came with a 40' wide easement from the county road across 2 other properties to give us and other properties access. The problem is that the actual access road we use was not built on the easement, but adjacent to it. It must have been easier, but not impossible to build here vs on the easment. The old owner is now our neighbor, and I would like to get the easement moved to the road area so that when they sell - the new owners won't be difficult and make us move our road. Or, if we move and the new sellers appraiser sees the road isnt on the easement - causing us problems. My wife doesnt wan't to cause problems with the neighbor, but I would like to avoid future problems. It will cost us about $1000.00 to have the surveyor come and do their work etc. Is this an issue or can I not worry about it. The road has been here for 10 years or so.

 

[HomeGuru]

What is the name of your state? - California

We purchased about 12 acres of property with a house etc about a year ago. The property came with a 40' wide easement from the county road across 2 other properties to give us and other properties access. The problem is that the actual access road we use was not built on the easement, but adjacent to it. It must have been easier, but not impossible to build here vs on the easment. The old owner is now our neighbor, and I would like to get the easement moved to the road area so that when they sell - the new owners won't be difficult and make us move our road. Or, if we move and the new sellers appraiser sees the road isnt on the easement - causing us problems. My wife doesnt wan't to cause problems with the neighbor, but I would like to avoid future problems. It will cost us about $1000.00 to have the surveyor come and do their work etc. Is this an issue or can I not worry about it. The road has been here for 10 years or so.

**A: you best consult with a local real estate attorney. There may be a problem if you or your neighbor sells in the future.

 

[RealEstateAtty]

I think your course is the best. Approach your neighbor in a friendly manner and see if you can get him to agree to this arrangement at your cost. Consult with a RE transaction attorney to make sure that the written agreement and the new boundaries of the easement are properly written up. Your neighbor probably will appreciate the responsible way that you handle this.