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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.
The only way this can work is if the current property owner negotiates for the easement. If the property is 'land locked' it has much reduced value to anyone except the immediate neighbors who might want to attach it someday to their property. But for you, the property should have no value unless there is a proper easement in place. If you do buy the property without an easement and actually want to use the property then a neighbor can ask for a large amount of money for you to have access across his land. You would be in a foolish position. In either case the easement becomes part of both deeds so it is not a trivial thing.
Why do you want to access the back of your potential property using the neighbors driveway? You'd need to contact them and ask, but it's likely they won't accept.
The only way this can work is if the current property owner negotiates for the easement. If the property is 'land locked' it has much reduced value to anyone except the immediate neighbors who might want to attach it someday to their property. But for you, the property should have no value unless there is a proper easement in place. If you do buy the property without an easement and actually want to use the property then a neighbor can ask for a large amount of money for you to have access across his land. You would be in a foolish position. In either case the easement becomes part of both deeds so it is not a trivial thing.
Agree with this and ensure that there is a signed maintenance contract filed as part of your deed information. If you try to sell your property in the future, this easement (maintenance) contract MUST be in place or it will create problems with the sale.
The term, maintenance, in this case, refers to your right to access and use the easement for a specific purpose, e.g., access to your property. It doesn't necessarily mean who's going to maintain the road.
The only way this can work is if the current property owner negotiates for the easement. If the property is 'land locked' it has much reduced value to anyone except the immediate neighbors who might want to attach it someday to their property. But for you, the property should have no value unless there is a proper easement in place. If you do buy the property without an easement and actually want to use the property then a neighbor can ask for a large amount of money for you to have access across his land. You would be in a foolish position. In either case the easement becomes part of both deeds so it is not a trivial thing.
I could be reading this wrong, but I don't believe the OP is considering a "landlocked" house--I think he or she just wants to use the neighbor's driveway for easier access to the back yard of the house in question.
To be perfectly frank, this sounds like a very silly reason to write something into the deed of these houses and encumber them pretty much for all time to come. Is there a reason you can't just ask nicely if the neighbors would mind if you drove there every now and then? There is no need to codify all your human interactions with the force of law when a simple conversation will do just as nicely.
I could be reading this wrong, but I don't believe the OP is considering a "landlocked" house--I think he or she just wants to use the neighbor's driveway for easier access to the back yard of the house in question.
To be perfectly frank, this sounds like a very silly reason to write something into the deed of these houses and encumber them pretty much for all time to come. Is there a reason you can't just ask nicely if the neighbors would mind if you drove there every now and then? There is no need to codify all your human interactions with the force of law when a simple conversation will do just as nicely.
I read it the same way and agree with you that he doesn't really need an easement. If I was the owner of that property I probably would agree to let you drive on my driveway, but not to create an easement on my property. That why I asked the op why he wanted the access.
The easement/ROW already exists in order for the landlocked (flag lot?) property in the rear to be accessed.
The OP is asking if he can "use" that easement/ROW and get a formal agreement to do so.
I can't speak to what it is worth, but i would think that the owner of the easement (presumably the house in the rear, or the side neighbor) would be agreeable to you "piggybacking" on the easement....for a price. You will, after all, incur wear and tear (and liability) on HIS property, and that is worth something.
More than anything, if this access is important to you, OP, I would get it in writing. It is all well and good to have a gentleman's agreement with the neighbor, until your boat is in your back yard, the neighbor moves away, and your boat is sitting back there because the new neighbor says over my dead body will I allow you to cross my property--regardless of what the previous owner "verbally" told you.
Good fences make good neighbors. So do good legal agreements.
I could be reading this wrong, but I don't believe the OP is considering a "landlocked" house--I think he or she just wants to use the neighbor's driveway for easier access to the back yard of the house in question.
To be perfectly frank, this sounds like a very silly reason to write something into the deed of these houses and encumber them pretty much for all time to come. Is there a reason you can't just ask nicely if the neighbors would mind if you drove there every now and then? There is no need to codify all your human interactions with the force of law when a simple conversation will do just as nicely.
To be more frank, it would be silly to NOT establish a legal right of use easement and have it in the deed if the alternative access would be of substantial cost or effort to construct. What is the use of the verbal permission if it can be revoked at will?
Sure, you go ask nicely and if they say yes then you offer to pay the costs of recording the easement as a thankyou.
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