Posted by Marcos on February 21, 2002 at 14:24:00:
I think you have to outweigh the costs vs the benefits of this transaction. I’m talking about the BIG legal hassles you would have RIGHT NOW, if you ask someone to stop using a common driveway, and they decide to fight it. In my area for example these setups are quite common for trailers on land. I’m currently under contract on one property that has the same issue. A string of six properties, each using a main driveway that shares land on each of the properties, mine in the middle. While discussing with my attorney she talked about what it would take to get this resolved and worst case scenarios. Worst case scenarios are this gets dragged into court, and minimum cost would be a 3-5k to handle it. And we’re talking a 40k piece of property. The best case as I saw it was to just leave it alone. My theory is whenever possible stay out of court, and pay as few attorneys as possible.
I have a fence that encroaches my property by six inches. What would be the point of fighting that?
Also, the original poster said that there were a few people accessing different pieces of property with the same access road. Quote: "I’m looking at a property on a couple of acres that a couple of people access through it. " I’m assuing that means more than just the trailer owner has access to it. Which means more legal hassles if she decides to lock everyone else out. If it was just one, then I’d be more inclined. More than one, and I’d pause before I created a stir.
The survey should tell alot though. I’d also be curious to see if an easement was created. And if I were the other property owner and given the choice between spending a few thousand to create a new driveway, I might be more inclined to band with the other users of the drive to get an easement created.