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Updated over 5 years ago, 04/26/2019
Driveway easements/ neighbor issues
My husband and I have recently purchased a home to rehab and use as a rental property. The house has a driveway on one side that we have used since purchase. Recently while using the driveway we were informed by the recently moved in neighbor that we couldn't just use "their" driveway. My husband politely informed the man that we were under the impression it was a shared driveway to which he replied "Well it's not". So I took a trip to the mapping office in my county and was told that neither of the property cards or deeds showed ownership of the driveway. I am really unsure how to proceed from here. I need a driveway and could probably have one added to the other side of the property but just wonder how I should handle the situation. I don't want issues with these neighbors because they are renting to own and could be a long term fixture in the neighborhood I also need a driveway for my future renters to use.
Crystal, I called my attorney on this topic today. Varies by state probably--- but here in Michigan:
- seller allowed neighbor to the south to put in a driveway across then-sellers sideyard, at some point in the 1990's
- I bought the property last week.
- there was never any hostile situation, it was allowed by then-seller
- if it had NOT been allowed / permitted, and the defect was allowed to fester basically uncontested, then the neighbor could make an argument (again-- michigan statute here) after 15 years for "prescriptive easement"
- since it WAS allowed, then the then-seller's rights (now that's me as of last week) can REVOKE those privileges.
What I'm gonna do is allow the 85 year old lady to continue using the driveway across my yard, under the form of a revocable license, up until such time that she no longer occupies the residence / or the deed transfers to a third party (probably a trust to her kids in this instance, or maybe an unrelated 3rd party buyer), at which point the liscense will be revoked and I will remove the improvements (asphalt) and restore the benefit of green space to my property.
Perhaps more likely---- the neighbor ---- or the eventual 3rd party buyer---- will want the benefit of that driveway so that they can access their house (other than the public street out front with no parking) and I'd imagine they'd either A) buy my property from me or B) pay for a lifetime easement to be able to continue to use the drive for access to their house. I'm imagining here the value of their house WITH access is like $700k and WITHOUT access something like $400k? Just a guess. It's a meaningful difference. I'm gonna take the high road and not be "that guy" landlord A-hole for sure but there is a value here that should not be ignored...
so--- in my home state that's how the laws work. One hour or less with a real estate attorney familiar with your 'hood will answer all this readily.
@Crystal Knowles
Your best bet is to simply talk and negotiate with the neighbors that moved in. Consult
with a lawyer but if you try to use a lawyer as leverage you are going to make them mad and the legal process and annoying neighbors are going to make your rental property cashflow negative fast. Enforcing any issues between neighbors is almost always civil court and is not a good option. Cops are not getting involved and nobody wants to use taxpayer funds to resolve issues between neighbors.
Easements seem to always leave somebody down the road mad and always hurts resale value in my opinion unless its in an area like NYC where they are everywhere. It just adds another unknown for down the road. In every case we have had to negotiate an easement it has involved us paying more money to extend.
@Crystal Knowles
@Terra Firma couldn’t have it said better. Great job explaining it and breaking it down! You should consider being a Realtor. BTW, Terra why don’t you have your bio finished in your profile?
@Victor N. I second his suggestion too. Pay for a surveyor. It will get to the bottom of your concern once and for all. BTW, you have no bio in your profile. Why not?
Thanks so much @Terra Firma,@Victor N. and Scott Matthew!! I am consulting with a real estate attorney who informed that here in these older 1920,1930's subdivisions that most of the time there was an agreement between the owners. He is researching now to see if there is one on file for the property on either side of mine. I really thought it would just be much easier and not such an ordeal to determine the ownership of the drive! Who knew?? Thanks again to everyone who answered!
@Victor N. I just recently started my real estate investing as well as my bigger pockets pro membership. I will try and add my bio ASAP!! I know that this site and all of the people on it have so many wonderful insights to offer and I cant wait to take in all the knowledge you all have! Thanks so much!