driveway right of way

[nlauffer]

I know in Kansas that is partially true.  The problem lies in if there is an agreement between neighbors that has been filed with the Court House, Register of Deeds.  Then it is a legal contract between two parties and needs to be dissolved with more paperwork.

[DustyRusty]

Some good ideas, some not so good.

First, determine if there is really a valid right of way.  Check the deed to see whether it mentions the right of way.  If it doesn't mention it you need to do a search at the court house to see if there is a right of way that was recorded.  If it was recorded, get a copy as these are public records.

You can't correctly speculate without all the documents.  When you get them post up with your findings.  We can then have a better discussion.

IDK what your state laws are but I doubt paying an attorney to address the issue will do anything but lighten your
checkbook.  I doubt the court would even address it.  Your uncle may have to buy back the right of way.  But first get a copy of the deed and right of way and let's go from there.

Rusty

[bigrednibor]

There could also be issues with regards to that if the neighbor has used the uncles driveway for x number of days/years, he may thereby have legal claim to the driveway property  regardless of the right of way usage if no filed documentation has been recorded to the contrary.  Definitely should go have an initial consultation with a property specialized lawyer and get a copy of uncle's Deed to see hoe usage/right of way is legally defined.  Do this sooner as opposed t later. Best of luck.

[thirsty]

My sister and brother in law just had a issue like this. They bought 20 acres that had a right of way to the back side of another property. They didn't mind until the guy started to do a bunch of logging for firewood and using their new driveway to skid the wood out with his tractor. He made a mess out of the thousands of dollars they were spending to upgrade their driveway. They also had a few other issues with him thinking the land was for his use however he saw fit because he had always done so. Because the right of way didn't state exactly where it was located a nice boulder surround was made on the side of the driveway. He noticed immediately and thru a fit about his right of way. He was informed that it was right there on the other side of the drive which was all wet and swampy. A nice straight path was cut for him along with some extra drainage into it to keep it unusable. If he had not been a jerk about everything his right of way would have remained the same.

Maybe your uncle's right of way on his property can be moved up near the road.

[Irish_Alley]

Basically, Whose land is it?  they have last say period.

this is how i would see in unless someone is landlocked. its almost like hes just antagonizing my uncle and he would drive his tractor trailer down my uncles drive then blow his horn as hes turning left, when he could just use his own

[DustyRusty]

Again, some not so good points.

Let the OP do his due diligence and get the documents and the facts if he so desires.  Then post up.  Without the documents and facts, you're all merely speculating.  That is of no help to the OP.

I have had experience in these type of matters but I would want to see the documents if it were my situation. 

My $.02.

Rusty

[Irish_Alley]

yeah i live a couple states away from my uncle so might have to wait till next vacation or see if they can send a copy of what he has. and its not "bad" for people to post their opinions and experiences cause they might have been in a situation where they know how they got out of the same situation. and they might know how someone can get around certain things. i understand what your saying its all kind of waisting time till someone comes back with the contract but it can help response time if they post their situation in the mean time

[Lt.Del]

As posted earlier, i just bought a house with 10 acres--land that would be land-locked along a one-mile private road if there is no documented right of way easement. Well, we were supposed to close tomorrow.  However,  on Friday, the loaner's attorney called to say there is nothing in the courthouse documenting right of way for the property I'm trying to buy.  There are still two more properties behind me that must cut across my new land to get to theirs--i have no problem with that since i know it exists prior to me buying my property.  So, the attorney wasn't happy--nothing documented in the courthouse. He placed the burden of proof on the seller--which should have been disclosed prior to listing property on the market.  After a little back and forth, it seems the seller pulled a rabit out of his hat at the last minute and found where his original deed DOES mention right of way through the two other properties the long road crosses prior to reaching his place--which will be my place this week.
I made my stance clear---if it wasn't documented correctly, i would not go through with the purchase.  I do not want to fight a legal battle next year or in five years when some neighbor says i can't cut across his property anymore--or tries to say i must pay him $5k a year to use his property to get to mine.  Not going through that. And, i don't plan to purchase a helicopter to get to the property.
So, i found out today from the realtor it has all been worked out.  I will speak to the attorney tomorrow.  Looks like closing will be on Tuesday---last day of the year. Gonna bring in the new year in style in a new place.  I will get the details from the atty to see if it will now be documented correclty in the courthouse this time.
A lot of these issues begin when a farm is subdivided, usually for family members.  There are no problems as long as family continues to live in these subdivided parcels---however, as years go by, properties are bought and sold and residents are no longer related---it is imperative to document these things correctly or when it comes to selling your property, it may be delayed or even unsold because of these issues.  Attorneys who specialize in these things ARE beneficial and can save a lot of headache down the road if you plan to purchase a property or sell your property in the future.

[DustyRusty]

---it is imperative to document these things correctly or when it comes to selling your property, it may be delayed or even unsold because of these issues.  Attorneys who specialize in these things ARE beneficial and can save a lot of headache down the road if you plan to purchase a property or sell your property in the future.

I'm glad you were able to resolve your issues.  Attorneys can be helpful if they are knowledgeable of land law.  However, your title policy is supposed to divulge these encumbrances or defects on the land you are buying.  The attorney's job is to address the problem and advise if title is defective and take care of curative actions if that's what he/she was hired to do.  Am I correct that the services of a title company weren't utilized in this transaction?  If one was used, the title report is supposed to furnish copies of all documents in its title search which should have included the documents for the right of way across your new property for the other 2 lots behind you.  That would raise a question about legal access to your land.  And, the easement across your new property is likely an extension of the "rabbit out of the hat" easement the seller magically found.  Reading between the lines here it sounds like the original right of way to all the landlocked properties was never recorded.  So how did you determine yours had right of way across it?

Hope my understanding and analysis of your situation is correct.  Not trying to be a know-it-all and show off my knowledge.  Trying to be helpful.  I've seen many title problems in my journeys in Alaska and don't like to see people misled or outright lied to by unscrupulous people.  Sounds like an ignorant seller that has a somewhat shady side.  Maybe it's some older person w/ a bad memory.  LOL.

Rusty

[Lt.Del]

I don't know all the details, but know it's all good now and underwriting approved everything when the attorney became happy. The seller's deed included not only the easements, but also the road maintenance agreement that all owners along this road follows.  The attorney advised me that it has been recorded in the title correctly.  Moving in tomorrow.