Driveway easements and Real Estate Lawyers?

[everafter07]

Anyone dealt with an easement? We currently own a property that uses a shared driveway for three lots. The easement is shown on the map of our property, so it's "known" that it's an easement, but there is no contract regarding it. The owner of one lot (she is also the daughter of the owner of the land with the driveway on it) went to a lawyer and had an agreement drawn up, saying it was never done but should have been. 

We, and also the third lot owner do not like the terms, and are hesitant to sign. Everything has been just fine for the last 15 years, this lot owner just wants an agreement drawn up now because it will be easier to sell her lot. But I'm worried if we don't sign, they can just say, "well, you can't use this driveway that goes to your house!" 

We are actually much more open, though still unsure, to signing than our very, very adamant-not-to-sign neighbors. But there's no point if they don't sign and we do, right? Sorry for the ramble.

@notquiteblushing? farmvillelover? I am sort of looking for advice, I guess, if that's allowed? But I know it's not legally binding. I'm very flustered over it, as we are stuck in the middle.

[genet313]

Having an agreement in place will benefit all of you, as long as it's the right agreement.   If you don't like the terms, see a RE lawyer and have he/she revise the agreement so you're satisfied.  

[Deleted]

Sept 29, 2015 11:07:24 GMT -5 everafter07 said:

Anyone dealt with an easement? We currently own a property that uses a shared driveway for three lots.

Wait, so do I, what a coincidence! But my situation SUCKS right now so I wish I knew more about easement issues. That's a story for another day.

What I do know is my easement was recorded with the city just like a mortgage would be. Is that not the case with yours?

[everafter07]

genet313 I agree that the agreement would be good to have in place, but we do want some terms changed. It's so hard though because the owners of the 3rd lot HATE the woman that drew up the agreement, she's a total BEC to them. So I don't know how they'd ever be convinced to sign.

@notquiteblushing Total SHITTY coincidence! Sorry you're stuck, too. So an easement is different from a driveway agreement? I thought it was the same. Or is the easement the actual path, and the agreement the document that outlines the care of the path. So you can have the first without the second.

[genet313]

Sept 29, 2015 11:18:32 GMT -5 everafter07 said:

genet313 I agree that the agreement would be good to have in place, but we do want some terms changed. It's so hard though because the owners of the 3rd lot HATE the woman that drew up the agreement, she's a total BEC to them. So I don't know how they'd ever be convinced to sign.

@notquiteblushing Total SHITTY coincidence! Sorry you're stuck, too. So an easement is different from a driveway agreement? I thought it was the same. Or is the easement the actual path, and the agreement the document that outlines the care of the path. So you can have the first without the second.

They need the easement to get in/out of their house, right?  And they may, at some point, want to sell the property?  I would not (nor would any smart buyer, probably) buy a house with an easement that's unrecorded and undocumented.   It basically means that the owner of the lot that the easement is on can tell you, or the other lot, at any time whenever they want "sorry, the easement is on my property so I'm not going to let you use it anymore."   There's other issues that may come into play here as well, but as this is not legal advice, I won't get into it with you.  Get a RE attorney.

They can be convinced.  Don't let them hold you getting a doc signed - you can always sign with the owner yourself.

Again, not legal advice.

[Deleted]

An easement basically means they have permission to use the driveway.

What don't you like about the agreement the lawyer drew up?

I'll see if I can find a copy of mine.

[everafter07]

We both need the easement, yes. "nor would any smart buyer, probably" ouch. But you're right. We did not know this was an issue when we bought, had never dealt with it before, and have lived here 2+ years with no issue. Thank you for the response, it's helpful.

[everafter07]

@notquiteblushing I will PM you.

[everafter07]

Sept 29, 2015 11:44:16 GMT -5 farmvillelover said:

Sept 29, 2015 11:08:35 GMT -5 genet313 said:

Having an agreement in place will benefit all of you, as long as it's the right agreement.   If you don't like the terms, see a RE lawyer and have he/she revise the agreement so you're satisfied.  

This.

However, honestly, if I weren't looking to move or sell anytime soon I don't know that I'd want to spend the energy or money to have this dealt with asap.  I mean, since everything has been working fine so far.  If they want it done you can have them bear the bulk of the cost/

Thank you. She has paid the lawyer fees so far for the contract and hasn't asked us for anything. I did take a closer look at the land records, and it looks like part of the road does indeed fall within our property lines, and she needs that bit of road to get to HER lot, lol. It's all convoluted. But I guess I have that bargaining chip on my side.

[glinda]

My H is a surveyor and said:

Yeah it happens a lot. They were probably divided by family but since they were related they didn't care that some of the tracts were landlocked. Now lenders won't loan money on tracts that are landlocked so they require an access easement to get to them. If by map of her property she means subdivision plat(one that has been filed for record wherever depending on the state) then that easement does exist.

He said he is not sure what in the agreement there would be to make anyone uneasy but if you are unsure to call whoever surveyed your property or a RE attorney.

[jr009j]

Definitely talk to a lawyer. I believe if an easement has been in use for a period of time, it will continue even without an agreement but there may be issues if a property is sold.

[genet313]

Sept 29, 2015 11:30:00 GMT -5 everafter07 said:

We both need the easement, yes. "nor would any smart buyer, probably" ouch. But you're right. We did not know this was an issue when we bought, had never dealt with it before, and have lived here 2+ years with no issue. Thank you for the response, it's helpful.

Well, to be fair, your lawyer or agent should have picked this up for you.   Good luck!

[everafter07]

Thank you all! The sticking point is that there are 5 families listed as needing to sign off on the driveway agreement, but only thee of the families (those with home lots) are listed as having to pay for paving/snow removal, etc. The other two that are not expected to pay are the farmer that owns the land the easement is on and uses his big farming equipment on (causes wear to the roads). I guess he thinks since he lets us use the road on his property, that he shouldn't have to pay, which is I guess fair..

[Cicero]

I would want to talk to a local attorney about this before signing anything. We had an easement over a driveway when we lived in Upstate NY. It was actually recorded in the deed to our property, which is apparently uncommon for the area but that's how it was done. It made no mention of costs associated with upkeep and snow removal.

[sparkythelawyer]

Honestly, you need to get your own lawyer to review this for you.