Legal Question in Real Estate Law in Utah
Verbal Agreement
My neighbor and I have a boundary dispute. I agreed verbally to sell him a section of my land so he could put in a new driveway (because his existing driveway crosses my land and has been there for 23 years). I want to reclaim the land he currently uses as his driveway. If I don't sell him this small piece of my land he has no other winter access to his land and he lives there year long. We get upwards of 3-5 feet of standing snow during the winter.
He called a surveyor and had the land surveyed and had it amended to represent the land I agreed to sell him. I quoted him $3200 for the land.
He has sent me a number of letters trying to get me to follow through with our verbal agreement but I have now changed my mind. Do I have to go through with the sell.
1 Answer from Attorneys
Re: Verbal Agreement
If your neighbor has been using the land for 23 years, he has acquired a "prescriptive easement" which he could enforce in a court of law. You should honor your agreement with him, since he can enforce it in court - and you would get nothing for the easement.
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