Legal Question in Real Estate Law in Virginia
I live in Virginia and my husband and I are trying to purchase a FHA foreclosure. There is an easement, but there has never been an agreement and it was never put in the deed. HUD is requiring that we obtain an easement agreement from the neighbors, and we're fine with that. The neighbors, however, seem to think they are giving away something and want to charge us $15,000! They claim they have medical bills to pay, and the husband's company isn't doing too well. Is this even legal?
1 Answer from Attorneys
The fact that the neighbors need $15K for a medical bill is not a
valid reason to demand payment for this easement(assuming the relevant facts and law do not really support their right to demand compensation). The property may be subject to what's called an easement of prescription(after long and unopposed use)which could make it recordable in any future deed (without paying any compensation to the neighbor) and you may wish
to discuss the matter with a local attorney who handles real property
law matters in the area and who could further advise you.
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