Right of Way Question

[nburnham]

I live in VT. We have owned our house for approx. 3 years. Our neighbor claims that we have a "shared" driveway. He has a driveay on the other side of his house as well, making a nice little loop for him (and lotsof other neighborhood traffic.) The traffic going through has gotten intolerable, and since our property was sold to us "free of any encroachments" we had a title search done and it is not in our title that he has any claim to our property. Curiously, it IS in his deed that he has aright of way. Can that be? Wouldnt it have to be in both to be legal? thanks for any help!

 

[woodyga]

Check it out yourself

Did you get a copy of his title from him, or did you go get it from the court house. I agree it is strange that a right of way is on his deed and not yours.
I would make sure you have a certified copy of his deed stating the easement. If it stills says there is an R/O/W you should seek damages from you title insurance company it appears they may have delivered a defective title to you.

hope this helps,

Woody

 

[nburnham]

Thanks for the reply. I got a copy from the town office. We are suspicious that he may have somehow had it written in. The previous owners of our property, at least 15 years back had not agreed to it, but stated that he just "always used the driveway" A lawyer did the title search originally when we bought the house, should I call him?
Thanks so much!

 

[woodyga]

Yes You should call him!!!!!!

Ok, so the neighbors deed says there is a right of way. Take that document (deed) and your deed with you to your lawyer that did the title search. Your neighbor may have a right of way but it might not be on your property it might be on his. A more thorough search is in order, somebody Mucked up. Your attorney is your best resource here.



Good Luck,
Woody,

 

[lwpat]

You may have a claim against the people that you purchased from. Ask your attorney since there is a time limit to bring a claim.