Question about Driveway

Posted by: @4brakadabr4

It says 'no easement found', so I assume the driveway is part of the property, right?

With the minimal information you provided, it appears to not be part of the property.

Or does it mean it is part of the other lot's property with no legal easement?

Thanks!

That's my guess, based on what you've shown us so far.

There could be a prescriptive right; but you will need an attorney to help sort it out.

A survey will be needed too, to collect all the facts.

?ÿ

Good Luck!

I would not offer to purchase such a tract until the seller could convince my attorney that several things were in perfect order.?ÿ That being unlimited ingress and egress for the basic need to go in and out by myself and anyone needing to get to my property.?ÿ Plus, any utility easements that already exist to supply my needs.

If the seller hems and haws any, I would walk away.

What's the seller have to say about the driveway crossing the adjacent lot? If they own both properties it shouldn't be that big a deal to have an easement reserved to accommodate it. Make sure any such easement includes utilities and isn't limited to ingress and egress. Not having any legal access is a bit of a problem if that's the case. Might want to talk to an attorney, not the realtor.

It looks like somebody used a marker to hide pertinent information shown on what could be a map prepared by a surveyor.?ÿ I won't spend any of my time if most of the information has been hidden.?ÿ

I would ask the person who provided you with the map.

If you want to use someone else's property it is best to have a document that allows you that use. It appears there is a gravel driveway being used by 1 parcel and owned by another and whoever prepared the map did not find a document allowing the use.

Thanks everyone, you've confirmed what I thought. I'll have a talk with the seller. The realtor claimed it was part of the property.

I have been persuaded that it isn't good practice to annotate something as an encroachment, no matter how much it appears to be one.?ÿ At first glance the note "no easement found" looked like a good alternative. But in fact a potential easement was found - albeit a prescriptive one. So maybe "no documented easement found" would have been better.

Posted by: @4brakadabr4

It says 'no easement found', so I assume the driveway is part of the property, right?

NO!

Posted by: @4brakadabr4

Or does it mean it is part of the other lot's property with no legal easement?

Maybe. Probably. It is a question that needs more resolution than can be provided by internet posters in far off lands.

It looks like there is a label that has been covered up in the vicinity of the driveway. Is it actually another lot that the driveway passes through, or is it something like a buffer parcel or greenspace allotment?

Posted by: @4brakadabr4

The realtor claimed it was part of the property.

You can trust all realtors, especially if it means a sale.?ÿ

I must be seeing this differently.?ÿ I initially assumed that the OP is buying the parcel with road frontage.

If that's the case, then, yes, the driveway is part of the parcel.

Honest to Pete, this happened today.

Client and I are standing on the tract he wants to create.?ÿ Earlier guidance had me confused.?ÿ He wanted a square tract of five acres that would run as deep as a previous tract that had been severed.?ÿ The previous tract was 660 feet deep.?ÿ To agree with that request, the tract had to be a rectangle, not a square, and only half as wide as he had been thinking.?ÿ Once he understands what I am telling him, what is the first thing he does??ÿ He whips out his phone to call the real estate agent to ask what he should do!

@holy-cow lol. That just made my day. ?ÿAlmost as good as rag bologna on saltines with hot sauce. ?ÿI think i will have to have a beer as well. Sorry made me laugh after a fun day in the field. ?ÿ?ÿ