Legal Question in Real Estate Law in Virginia

I am buying a duplex house where driveway belongs to the house that I am going to buy. The driveway being shared with the neighbor for more than 10 years by the seller. There was no legal document to use driveway between the seller and neighbor. And the neighbor doesn�t want to sign the document that my attorney had made about the driveway permissive. The neighbor knows that the driveway doesn't belong to him. I am after he may sue if I block the driveway. I lived in Virginia. I couldn�t close the house still due to my neighbor. What should I do? The seller was saying that she is going to fence the driveway before the closing but when we move in the neighbor might sue and cost use lots of money to get attorney too! What should I do?


Asked on 3/11/11, 8:25 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, you're quite right in being concerned about the

possibility that this neighbor may decide to litigate his claim

to an easement over this driveway in the event his long-standing use of it is blocked (particularly, in view of his apparent reluctance to sign the permissive use document prepared by your attorney).

So, your acceptable options would appear to involve renegotiating the

purchase price of this house to take into account the

possible costs of defending against this neighbor's claim(s) or

looking for another house free and clear of all possible

clouds/encumbrances on its title (which should not be too difficult in the

current buyers' market).

The foregoing, of course, assumes that you are not now contractually locked into the purchase of this property irrespective of the facts concerning the

driveway.

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Answered on 3/12/11, 9:21 am


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