I know that it cuts the corner of his land from the survey I got prior to purchasing my home.
My lot is 2.25 acres. I could move the driveway but it's a little more difficult because there is a drainage ditch where I would have to move it. So I would need to fill in part of the drainage ditch and then pave over it a little. Also, I have a driveway gate that is set between two concrete posts which would need to be moved as well. I don't know maybe it would cost 3,000-5000 to move it.
He said that he was closing in 30 days and all encroachments needed to be removed before he closed. This was 8 months ago and the lots are still on the market. After he said that, I told him that I had a contractor out and I could move the driveway and gate but it would block the culvert that currently drains his land so I said it may be best for both parties if I didn't do that. He said ok and I haven't heard anything back from him regarding it.
As far as the easement goes...yes there is an easement. The easement is 30 feet wide and runs adjacent to the southern border of our properties. One of the issues is that someone at one point created part of the easement a drainage ditch which is why the guy who built my house decided to put the driveway where he did instead of "making it right". There is no easement where the driveway is going on his land.
I just think he's being a little unreasonable with a 10,000 figure. I mean looking at it from his perspective I don't understand why he wouldn't take like 1,000. It's practically free money since he's selling the lot anyway and it doesn't devalue the lot at all to lose that 100 sq feet or so. I figure the next homeowner will be more reasonable.
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