We are 2 weeks away from closing and were just informed we are waiting on the neighbor to give written permission for a foot of the driveway and garage to be on their property. We were not aware of this until now. The property we are purchasing is a foreclosure. Is this an issue? What happens when we go to sell? Is there anything that protects us from issues with resell or are we at the liberty of the neighbor? We are thinking of walking away from the deal but we don't know if we are making this an issue or of it really isn't.
Is there an easement? Will your title company insure?
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
This can be an issue for you in the future. You should discuss this with your attorney and title company. You need to get a recorders easement or right of way that runs with the land grating you the right to use this strip of property for your driveway. A bound at line agreement will not suffice. Without this easement you could be forced to move the driveway in the future.
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