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  1. #1
    Join Date
    Aug 2010
    Posts
    3

    Default Non Exclusive Ingress-Egress Easement Rights

    My question involves real estate located in the State of: Alabama, Baldwin County.

    I have a deed on my property which i purchase last year that shows NO easement on my property other than electrical access. The neighbor has a deed that shows he has non exclusive ingress egress easement over a part of my property. My title deed is dated before his. The previous owners know nothing about this but the person had already been using part of my now property to drive to his property. He does have alternate access to his property. He now has put up a mailbox on my property. Why would my title search and deed not show this supposed easement, and when I bought my property should not the title company have found this out and made it known to me via the real estate agent? Before purchase? And what can I do about this can I fence this off or remove his mail box without legal problems?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Non Exclusive Ingress Egress Easement

    chances are the mailbox is on highway row and you would not be able to restrict that.

    Contact your title insurance company.

    the easement will have to be researched to discover when and by whom it was granted.

    . The previous owners know nothing about this but the person had already been using part of my now property to drive to his proper
    the previous owner of your property or the other guys property?

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,586

    Default Re: Non Exclusive Ingress Egress Easement

    If you have purchased title insurance the place to start would be the title insurance company. Make the inquiry there.

  4. #4
    Join Date
    Aug 2010
    Posts
    3

    Default Re: Non Exclusive Ingress Egress Easement

    Quote Quoting jk
    View Post
    chances are the mailbox is on highway row and you would not be able to restrict that.

    Contact your title insurance company.

    the easement will have to be researched to discover when and by whom it was granted.

    the previous owner of your property or the other guys property?
    there is no highway only my drive way and the actual driveway that belongs to the original owner of my property many many years ago. He made a driveway over my property and put his mailbox on the side of it not in any easement area.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Non Exclusive Ingress Egress Easement

    does the postman drive up the driveway to deliver mail?

    contact the title insurance company (if you purchased title insurance) and see what they say about this. You aren't going to be injured if you leave the mailbox there for a short time. Unless you really want to antagonize the situation, I would leave the mailbox in place while this is being investigated.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Non Exclusive Ingress-Egress Easement

    Please clarify the nature and timing of the conveyances at issue. Are you stating that you received and recorded a warranty deed conveying you the parcel of land, with no easement in the title history, and that the same sellers later conveyed an easement running over your parcel that was either recorded after your warranty deed or has not yet been recorded?

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