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The more I think about this, why would you need an easement? Why would you need to use that driveway on a regular basis? I could see using it occasionally, such as having a big landscaping project or putting in a shed or having some new outdoor furniture delivered. But in a case like that, I would expect it to be a brief conversation with your neighbor "Hey, I'm having some trees delivered, can they come up the driveway to drop them in the back yard?" and then you move on. I don't see where there is a need for a permanent, legal right to use the driveway.
If you can't summon up the simple nerve to ask a simple question on the assumption that the answer will be "no" then I don't think you're the "norm". If you ask something of somebody and they decline, the sky doesn't fall and the earth doesn't open and swallow you up.
OP, just go and talk to the neighbor! If he says no then so be it. If he says yes then see how that works out and, if it becomes a pressing issue in future which you feel needs a more permanent resolution then you can always bring it up later.
If I was the neighbor and he asked.........my first thought and response would be..........." you already have an access to your property. Use your own " !
I also would wonder if his intent was to use it a few years then claim ownership to it due to some bad laws we have concerning adverse possession.
The more I think about this, why would you need an easement? Why would you need to use that driveway on a regular basis? I could see using it occasionally, such as having a big landscaping project or putting in a shed or having some new outdoor furniture delivered. But in a case like that, I would expect it to be a brief conversation with your neighbor "Hey, I'm having some trees delivered, can they come up the driveway to drop them in the back yard?" and then you move on. I don't see where there is a need for a permanent, legal right to use the driveway.
..........."Why would you need to use that driveway on a regular basis "......
BINGO !
The OP must learn the difference between his "wants" and his "needs"
If I was the neighbor and he asked.........my first thought and response would be..........." you already have an access to your property. Use your own " !
I also would wonder if his intent was to use it a few years then claim ownership to it due to some bad laws we have concerning adverse possession.
No need to repeat yourself - I read your rationale the first time around. IF you were asked you could also do your own due diligence, think about it and see whether any sort of "adverse possession" factor was likely to come into play before making your decision.
No need to repeat yourself - I read your rationale the first time around. IF you were asked you could also do your own due diligence, think about it and see whether any sort of "adverse possession" factor was likely to come into play before making your decision.
By saying "no" I don't have to worry about doing my own........." due diligence".
We like a house and are thinking of putting in an offer. The property has a adjacent property's driveway next to it. The driveway is very long and provides access to a house set way back off the road.
I would like to try and get an easement to use this driveway to access the back of the potential house's lot.
How do you solicit an easement? I wouldn't mind paying some money to gain the easement but how do you know how much to offer?
I would like to know if an easement is a possibility before putting in an offer.
Thanks for your assistance!
Why in the world would you consider buying a house that you can't access your own back yard ( even though you have access to your front lawn) ?
I'll bet you do have access to your back yard but don't want to disturb anything in your front lawn to get there.
I also would wonder if his intent was to use it a few years then claim ownership to it due to some bad laws we have concerning adverse possession.
That doesn't make any sense. If you have an easement over another property, you have permission to use the property in a particular way. Adverse possession would not come into play.
That doesn't make any sense. If you have an easement over another property, you have permission to use the property in a particular way. Adverse possession would not come into play.
What fool would grant a legal easement to a neighbor who already had access to his property?
What fool would grant a legal easement to a neighbor who already had access to his property?
Not many...but money talks.
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