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Updated about 4 years ago on . Most recent reply

User Stats

23
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19
Votes
Josh Adams
  • Rental Property Investor
  • Cincinnati, OH
19
Votes |
23
Posts

Appraiser dictating shared driveway easement?

Josh Adams
  • Rental Property Investor
  • Cincinnati, OH
Posted
We are only a few days from closing on a fourplex and our bank has come back and said that because the appraiser said there is a shared driveway the seller must get an easement with the neighboring owner stating this and attaching the easement to the properties. Although the driveways are narrow and touch, there are two clearly separate driveways. There are several issues here. First, we disagree with the appraiser’s assertion this is a shared driveway. Secondly, neither our realtor nor our banker have encountered this situation where the appraiser is dictating what is a shared driveway. Third, there is no way to compel the neighboring owner to sign this easement and its up to our seller to pursue this request. I’m not really sure what to do. We can either push our bank for a second appraisal or find another lender. We really don’t want to accept the easement because it’s not correct and it has never been added in the 70 year history of the property. Has anyone encountered anything like this? Any resolutions?

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