Lawsuit re:easement

[Louella]

Three years ago we bought house with ten acres. On north of property is a dirt road along the entire length of our property going to neighbors behind us. They are suing us to widen this road (due to vague wording on easement deed) but we think they have finally figured out it's a no-go, as they have placed their property for sale with a realtor. Meanwhile, the lawsuit is still pending & my attorney is out of town. They placed property for sale the day he left - he is prominent in our town and his vacation plans were in the paper. Is it legal for them to place their property up for sale with the lawsuit regarding the easement (which is the only way onto their property) still pending? Thank you in advance! (from Missouri)

 

[Tracey]

It's legal because the court will grant you a continuance until your attorney returns from Tahiti. However, I recommend you record some sort of notice on your neighbors' parcel number apprising prospective buyers that the access road cannot be widened. If it's short enough, you could record the complaint or answer for the court case, or you could just print up a NOTICE & record it. Recording costs about $10.

The purpose of recording the notice is to make sure that any buyers have actual notice of the dispute surrounding the easement scope. That way, the new owners can't argue that they shoudl be able to widen the access because they had no way of knowing they couldn't. You might also post a sign along the access road apprising anyone who enters the land to look at the property of the situation. If your neighbors take the sign down, you get to sue them for trespass. Place the sign on your property, not on the road. Hanging it on the fence bordering the drive would be good.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.