Legal Question in Real Estate Law in Massachusetts

driveway on neighbors land not disclosed at sale no easement

We purchased a home 1 year ago and just found out that 6 foot width of our drivweay is not on our property. There is no easment and this detail was not advised to us. the plot plan given to us is not the same they are presenting now. neighbor wants to now built 2 homes in empty lot and turn our driveway into a shared driveway. do we have a leg to stand on. the home we bought belonged to his daughter so it was kept between family. we can not move driveway due to wetlands. thank you for you advice.


Asked on 5/16/05, 10:25 am

2 Answers from Attorneys
Patricia Bloom-McDonald Law Offices of Patricia Bloom-McDonald

Re: driveway on neighbors land not disclosed at sale no easement

Call your Title Insurance Company if you have Owner's title insurance. If not, call the mortgage company who has a title policy on the loan. This will affect their interest in the loan so they will probably help you out with this suit. You absolutely have a leg to stand on.

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Answered on 5/16/05, 10:32 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: driveway on neighbors land not disclosed at sale no easement

could be several different legal problems. as Patricia said, also contact the closing attorney, the realtor, and possibly get a consult from a real estate attorney.

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Answered on 5/16/05, 1:49 pm


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