Legal party to sign easement agreement

[mcheng]

What is the name of your state (only U.S. law)? NH
I am disputing with a neighbor about the easement. He suit me for trespass, and I answered I have the approval from common predecessor in title and used the driveway over twenty years. Now in the discovery stage.
After structure meeting and I sent him interrogatory to start the discovery as court asked, his attorney asked me the possibility of settlement before trial. I plan to accept his proposal. However, I have a concern: his warranty deed indicated his wife is a joint tenant with him, but his wife never appear in the litigation. I told his attorney he need to prove his full legal right to represent his wife to sign the agreement. His attorney told me his wife died so he have full right over his land.
However, I heard a rumor that he divorced with his wife twenty years ago before death. If that's true, is that possible his wife's relative (like his wife's children, sibling, etc.) may dispute again after I signed the agreement with my neighbor?

 

[justalayman]

He suit me for trespass, and I answered I have the approval from common predecessor in title and used the driveway over twenty years.

unless you have a documented easement that is attached to the land, all you had was permissive use. That permission can be rescinded at any time and it appears the current owner of the land has in fact rescinded the allowed use.

his warranty deed indicated his wife is a joint tenant with him,

first, if his wife was a joint tenant and she has since died, due to the rights of survivorship inherent with a joint tenancy, the husband would be come the sole owner of the property. As such, if the tenancy was joint with rights of survivorship, a death certificate for his wife would adequately prove to you his full rights to allow the easement.

 

[154NH773]

his attorney asked me the possibility of settlement

Just a warning. You can listen to the advice on this forum, but if he has a lawyer, DO NOT enter into any agreement without having a competent attorney review the settlement.

 

[drewguy]

first, if his wife was a joint tenant and she has since died, due to the rights of survivorship inherent with a joint tenancy, the husband would be come the sole owner of the property. As such, if the tenancy was joint with rights of survivorship, a death certificate for his wife would adequately prove to you his full rights to allow the easement.

If they divorced before her death you should also have him provide a quitclaim deed or some evidence that she did not retain any rights to the property after the divorce.

As NH pointed out, even if you have gotten to this point without a lawyer, you should hire a lawyer with real estate experience to confirm that any easement he grants as part of a settlement conveys rights without risks such as the one you identify. It's worth spending the $500 or $1000 for a couple of hours of a lawyer's time.

 

[justalayman]

If they divorced before her death you should also have him provide a quitclaim deed or some evidence that she did not retain any rights to the property after the divorce.
.

absolutely. I was going on the premise they had not divorced but simply that the wife had died. Absolutely needs to be verified.

 

[mcheng]

Thank you all for your comments.
It looks I should continue on asking him to prove his legal right, otherwise I might be in trouble.