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  1. #1
    Join Date
    Feb 2010
    Posts
    1

    Default Right of Way or Driveway Easement

    My question involves real estate located in the State of: Michigan

    I currently share a drive way with my neighbor. I purchased the house 8 months go. Neither home has been here for more then 15 years. I can not find any easment paperwork with my deed or anything i recived from the purchase of the home. I own down between the drives to the edge of thiers. the last 30 yers of thier drive my property comes over thier drive at an angle. So i own the whole ond of thier drive. I am considering moving my drive to a diffrent location but dont want to do so unless i know i can make them move thier drive over to thier property. I would like to do land scaping and close them off from sight and to keep thier cars from shining thier lights into my front room each time they pull in. if there is not formal paperwork to be found and being the homes are so new would i be able to force them into moving.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Right of Way Easment

    It would help if you spell checked your posts, as your spelling mistakes make it hard to follow what you are trying to say.

    Are you talking about a shared driveway? A partially shared driveway? Two driveways that run alongside each other? Something else?

  3. #3
    Join Date
    Dec 2009
    Posts
    10

    Default Re: Right of Way or Driveway Easement

    Your Deed would list any easement or ROW either of you have on your property. If you are unsure of your boundry lines I would recommend a survey of the property. It would be well worth the money.

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Right of Way or Driveway Easement

    being the homes are so new would i be able to force them into moving.
    Might be very unlikely. They might as well be able to force you into moving. Unlikely in either case. Any irritation you might intend to apply might eventually require you to move.

    The answer may not be in anyone's deed but be in the plat for your property or your neighbor's. Have you looked there?

    If you had title work done on your property at the time of closing there may be something.

    As Mr. K implies your spelling is hard to follow and you need to deal with that first before we attempt to deal with it and try to contribute.

  5. #5
    Join Date
    Sep 2010
    Posts
    1

    Default Re: Right of Way or Driveway Easement

    I also am having an issue with an access road, easement, right of way or what ever you might call it. 20 years ago we purchase a home on a lot in California. We have horses and trailer. We have a driveway to our house that is not usable to use to haul items as trailers etc up and down the hill. Next to our property was a access road that went thru other properties back down to the main road. We were told we could not use the road, due to we had our own driveway, unless we owned one of the other properties. Some 15 years ago we bought the property next door, just so we would have the right to use the road with no issues. Now for some 15 years we have used this access, easement road maybe once a month with no issues. Low and behold along comes someone from the city, buys the first house, property on the entrance from the main road and tells me I am trespassing and is going to gate and lock the road which he says he owns and will inturn block all other property, bare property from access. I live on lot #5, the road dead ends at my lot, the road runs thru lot #4 which we bought, lot #3, #2 and #1 which is the issue now. I have no papers showing that I have rights to the easement, but as stated, we have used it for 15 years. What rights do I have without going to court or hiring legal advise and help ? I even maintain the road at my expense.
    Thank you in advance
    Phil

  6. #6
    Join Date
    Dec 2008
    Posts
    629

    Default Re: Right of Way or Driveway Easement

    Quote Quoting Jigs Tackle
    View Post
    I have no papers showing that I have rights to the easement, but as stated, we have used it for 15 years. What rights do I have without going to court or hiring legal advise and help ? I even maintain the road at my expense.
    Thank you in advance
    Phil

    Without paperwork, none. Even with paperwork, it the new owner wants to be a pain then the only solution is usually Lawyers/courts/$$$$$.

    Police won't help you, more than likely you won't get any help from the local officials.

    Although, there is one possibility. You say your original driveway is not suitable for for trailers, etc. What about emergency vehicles, Fire and ambulance. If your driveway is not suitable for them to use then they may be able to sway the new owner over to your side.

    I would suggest more research into the paperwork issue, just because you don't have a copy doesn't mean there isn't one. Did you have a title search on the property you bought to gain this access, if so contact them to see if the can tell you anything.

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