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Answers (10)
- Pasadenan
- Contributions:21424
If theirs is a "flag lot", why is the driveway not in the flag? Or, perhaps YOU are trespassing on THEIR driveway????
If both were previously owned by the same party, and they chose to SHARE the same driveway, there is an "implied" easement (possibly both ways), that should have been recorded.
If you want to live there in peace, you better resolve the easement issue somehow without threatening them. You may need to hire a surveyor to know exactly where the flags fall. And you should get your "peace offerings" ready.
So, why didn't you ask the question before offering, or at least while in escrow?
If both were previously owned by the same party, and they chose to SHARE the same driveway, there is an "implied" easement (possibly both ways), that should have been recorded.
If you want to live there in peace, you better resolve the easement issue somehow without threatening them. You may need to hire a surveyor to know exactly where the flags fall. And you should get your "peace offerings" ready.
So, why didn't you ask the question before offering, or at least while in escrow?
- Frank Festa, "Frank J Festa"
- Contributions:1188
Skrome: Build a Fence! Regards,
- Mack McCoy
- Contributions:1109
I think Kerry's got it right. Your neighbor is landlocked, and does not have legal ingress/egress to the property. In Washington State, he would have to sue to have a court award access through one of his neighbors, which may or may not be you. As of now, you can have an attorney write what's essentially a cease-and-desist letter.
- LandHO!
- Contributions:4
My two cents (and that is about what it is worth) is to look up your property on the county assessor's online page and see what your lot looks like. Are you sure you both have flag lots, which look like flags on a pole where the pole is the public access to the site? Or do you maybe have a "key" lot where your property sits in front of their flag lot.
If they are land locked behind you, they may have a right to use your land as an easement, but if your neighbor has a flag lot, they should already have access to their property without trespassing onto yours. It makes me wonder how they were able to build, if your home was their first.
In addition, I would recommend that after you gather the facts, the maps and any other information you can find about the lots, you approach the offending neighbor with your concerns. Maybe some other solution will work for both of you. Once you involve attorneys or threaten a neighbor with legal action, it becomes difficult to remain neighborly.
- hyssop
- Contributions:11
I agree with all to consult an attorney. That being said, the usual definition of a flag lot is a lot with a narrow strip of land that provides access to a public ROW. What about utilities? Do his utilities services cross your lot without an easement too? I suspect there is an easement somewhere. However, on occasion it gets overlooked. I am dealing with a similar issue now for a neighborhood that has a common driveway access across private lots without an easement. What a mess.
- Kerry Franich, "franichlaw"
- Contributions:1
Even if your neighbor doesn't have an easement, he or she can likely obtain one by initiating litigation. Courts routinely acknowledge "implied easements," "easements by necessity," and other types of easements in similar circumstances to ensure that an owner can access his or her property. If you're unable (or unwilling) to negotiate with your neighbor, call your lawyer.
- Danny Brown, "dannybrown"
- Contributions:67
Contact an attorney who specializes in dealing with easement issues and review a title report and the underlying documents which will show all plotted easements.
- navydooood
- Contributions:19
This is an issue that should have been in the contract when you bought your house! You kinda have no rights other than talking to the real estate lawyer you used when you bought the house. This is an issue that the previous owner is req'd by law to have told you (unless it was an estate sale and the "seller" might not have known about it). This has now become a contract/civil law issue and need to discuss the possibility of a lawsuit against the previous owner.
- Jeff Konstant, "jkonstant"
- Contributions:1970
Seems like this should have been resolved before "you" bought. Speak with an attorney and be prepared to have a wonderful relationship with your neighbor.
- Nancy Lee, "An OrderLee Home"
- Contributions:1195
My bet is this is an eminent domain issue and, because the access was built before you even owned your lot, the access is going to be grandfathered in as a legal easement.
My advice is find a really good RE attorney - someone who is fanatical about keeping up with the law in your location.
My advice is find a really good RE attorney - someone who is fanatical about keeping up with the law in your location.
What can I do if my neighbor needs to cross my lot to get to his house yet he has no easement?
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