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Old 04-04-2019, 02:52 PM
 
19 posts, read 12,444 times
Reputation: 37

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I own a house in Clearwater on the Clearwater beach side, and my neighbor has a vacant lot that he is thinking about building on.

On my title and survey, there is NOTHING about an easement, but on my neighbor's title and survey it says that he has an easement for access to and from his property by way of my driveway, which means that I am NOT able to park in my own driveway because it could prevent his access.

BTW, both of out properties face the street and there is a cutout on his curb for a driveway. So, there is no need for him to use my driveway, but by using it, he wouldn't have to put a driveway in and giving him more usable land.

The only way to settle this is in court. If anyone can refer me to a real estate attorney, please let me know. I can always look on the internet, but it would be nice to have a reference.
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Old 04-04-2019, 03:47 PM
 
345 posts, read 114,242 times
Reputation: 405
Have you checked with the property appraiser's office? They might be able to offer some insight on the actual property lines and whether this supposed easement exists.
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Old 04-05-2019, 05:48 AM
 
Location: South Tampa, Maui, Paris
2,791 posts, read 1,760,507 times
Reputation: 2630
Quote:
Originally Posted by Texsinbad View Post
I own a house in Clearwater on the Clearwater beach side, and my neighbor has a vacant lot that he is thinking about building on.

On my title and survey, there is NOTHING about an easement, but on my neighbor's title and survey it says that he has an easement for access to and from his property by way of my driveway, which means that I am NOT able to park in my own driveway because it could prevent his access.

BTW, both of out properties face the street and there is a cutout on his curb for a driveway. So, there is no need for him to use my driveway, but by using it, he wouldn't have to put a driveway in and giving him more usable land.

The only way to settle this is in court. If anyone can refer me to a real estate attorney, please let me know. I can always look on the internet, but it would be nice to have a reference.


Leticia Valdes, board certified attorney for Morgan and Morgan.
letty.valdes@gmail.com
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Old 04-05-2019, 01:12 PM
 
Location: Beautiful Pinellas County
1,402 posts, read 2,498,183 times
Reputation: 980
Is this an easement for access for county and utility people - or for the owner of that property? Did you have title insurance when you purchased the house and is this something you can talk to the selling agent - if you purchased in recent years - and why was it not picked up by someone at the time of purchase? I think you may need legal help, but maybe you can check with title insurance first.
Good luck, sounds stressful.
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Old 04-05-2019, 05:48 PM
 
Location: Tampa, FL- For NOW
718 posts, read 724,079 times
Reputation: 863
Consider an attorney but before you do that:
1. Get a new survey
2. Check / verify that this isnt just a utility element for the utility companies
3. Let the new owner know that of he wants this upheld he will need to furnish a new updated survey and appear in court to authenticate it and the use. This may be too much for Jim to deal with a ndbit may jist go away. But still a good idea to get a new survey for your own property to be sure.
4. If you purchased title insurance when you closed then the title company can give you guidance as to if theres a problem and how to make a claim of there is.

Good luck.
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Old 04-06-2019, 10:20 AM
 
37 posts, read 11,222 times
Reputation: 30
Quote:
Originally Posted by Texsinbad View Post
I own a house in Clearwater on the Clearwater beach side, and my neighbor has a vacant lot that he is thinking about building on.

On my title and survey, there is NOTHING about an easement, but on my neighbor's title and survey it says that he has an easement for access to and from his property by way of my driveway, which means that I am NOT able to park in my own driveway because it could prevent his access.

BTW, both of out properties face the street and there is a cutout on his curb for a driveway. So, there is no need for him to use my driveway, but by using it, he wouldn't have to put a driveway in and giving him more usable land.

The only way to settle this is in court. If anyone can refer me to a real estate attorney, please let me know. I can always look on the internet, but it would be nice to have a reference.
Sending you a name via message of someone my parents use. He is local to that area and specializes in Real estate.
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Old 04-07-2019, 02:55 PM
 
19 posts, read 12,444 times
Reputation: 37
I had a new survey, and it does NOT show an easement.

As I said, the easement is ONLY in the neighbor's title and survey for ingress and egress to his property using my driveway.

There is no need for the easement since we both front the same street. They can easily turn into their property from the street.

Thankfully, I have not had much dealings with attorneys, but it seems like not all attorneys actually appear in court to litigate cases.

I will need an attorney if this goes to court.

BTW, I plan to put up a fence, and they will have to sue me. I can't understand how one title could supersede another title. Theirs says there is an easement and mine has NO mention of it. Plus, there is absolutely no need for an easement.
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Old 04-07-2019, 06:49 PM
 
Location: Not the end of the Earth, but I can see it from here
3,549 posts, read 3,656,347 times
Reputation: 3321
Just out of curiosity, how did you find out about this, and did your neighbor show you their title/survey?

RM
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Old 04-09-2019, 05:05 PM
 
697 posts, read 419,913 times
Reputation: 729
Lawyers are for rich people.
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Old 04-10-2019, 02:45 PM
 
19 posts, read 12,444 times
Reputation: 37
Lawyers are for rich people, which is why I would like to find someone starting out that "may" not be as high.

Yes, the neighbor showed me his title and survey with the easement on them, but the easement is NOT on mine.

Since it isn't on mine, I don't know how it could be enforced.
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