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Property with easement for neighboring property

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MayBbaby21
Baby no. 3 coming soon!

Member since 6/09

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Property with easement for neighboring property

Does anyone have experience with this? We're looking at houses and one that we really like has an easement for the neighbor's driveway. Apparently at one point, it was all one property and then sub-divided. Some of the neighbor's driveway is actually on our property (the houses don't share a driveway--they are separate). They have a right-of-way to gain access to their house.
Our biggest concern is liability. If an accident or injury happens on his driveway, would we ultimately be liable? Would we need additional homeowner's coverage because of this?

TIA!

Message edited 10/3/2012 12:09:32 PM.

Posted 10/3/12 12:08 PM
 
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Paramount
Sweet!

Member since 7/12

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Re: Property with easement for neighboring property

That is a great question.

I am the ease-ee of your scenario.

We have a driveway up to a certain point. Then we share the neighbors driveway to get to the road. We have an easement and right of way to use the driveway. But its NOT ours.

In our case I would NEVER sure the neighbor unless there was something so egregious and they were so unreasonable that legal action MUST be taken.

I have an excellent relationship with the neighbor and have open communication. We have even offered to help re-pave the driveway ($$). Its not our obligation nor expected. But we use the driveway just as much as him and we would never want him to foot the cost of something we use together, even thought we don't have to.

Posted 10/3/12 12:19 PM
 

MayBbaby21
Baby no. 3 coming soon!

Member since 6/09

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Re: Property with easement for neighboring property

Thanks for your response! I'm glad to hear it hasn't been an issue. This is a little different because we wouldn't share any of it. We'd have our own driveway. The neighbor's driveway is on the opposite end of the property runs up the side (so it actually narrows our property by about 10 feet). I'd assume that he is responsible for maintaining it, but of course, that has to be checked out by a real estate attorney. I guess if we're definitely interested in this house, that will be our next step--to discuss it with an attorney.

Posted 10/3/12 4:36 PM
 

JerseyMamaOf3
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Member since 6/05

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Re: Property with easement for neighboring property

We put an offer in on a house that had an easement but it was for the township.
Our understanding of it was that it would be ours to use, but needed to be made accessible in case they needed to get to it.

So since it is a driveway the first thing that comes to mind is that it needs to be clear of snow for them to use.

Posted 10/3/12 5:50 PM
 

Paramount
Sweet!

Member since 7/12

4289 total posts

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Re: Property with easement for neighboring property

Posted by JerseyMamaOf3

We put an offer in on a house that had an easement but it was for the township.
Our understanding of it was that it would be ours to use, but needed to be made accessible in case they needed to get to it.

So since it is a driveway the first thing that comes to mind is that it needs to be clear of snow for them to use.



Can you imagine what BULL$hit that would be if YOU are responsible for clearing the NEIGHBORS driveway of snow because its on your property??????

I'm heating just thinking about it...and NOTHING has been "proven". I dont think its the case, obviously. But wow.

Posted 10/4/12 9:33 AM
 

MayBbaby21
Baby no. 3 coming soon!

Member since 6/09

5738 total posts

Name:

Re: Property with easement for neighboring property

Posted by Paramount

Posted by JerseyMamaOf3

We put an offer in on a house that had an easement but it was for the township.
Our understanding of it was that it would be ours to use, but needed to be made accessible in case they needed to get to it.

So since it is a driveway the first thing that comes to mind is that it needs to be clear of snow for them to use.



Can you imagine what BULL$hit that would be if YOU are responsible for clearing the NEIGHBORS driveway of snow because its on your property??????

I'm heating just thinking about it...and NOTHING has been "proven". I dont think its the case, obviously. But wow.



Yeah, I'd think this wouldn't be the case here because it's the neighbors personal driveway--some of it just happens to be on our property. I would definitely cross this house off our list if we had to remove snow from their driveway, lol.

Posted 10/4/12 3:31 PM
 
 

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