Buyer Beware: What are Driveway Easements?

Buyer Beware: What are Driveway Easements?

A week ago, my buyers found a home that they really liked and they wanted to write an offer.  It was a new listing and I had the listing agent email me the property disclosure.  On the first page, there it was, the driveway easement.  In walking around the property, I had talked to my buyer about the fact that the neighboring home accessed the back of their property by using the driveway.  There was no attached recorded easement, so in the purchase contract, I added a contingency for the easement to be delivered to me within 3 days of acceptance for review.

We had an accepted offer, but I was still leary of the easement.  When I opened the document, my fears were confirmed.  The easement not only stated that the neighbor had unlimited access to the driveway, but also that any improvements or changes to the driveway needed to be approved by the neighbor.  In other words, if the neighbor would not agree to the shared cost of improvement, nothing could be done by the owner.  Add to that, the easement was drawn to within a foot of the corner of the house and the back stoop of the property that my buyer wished to purchase. 

My buyers wanted more information about the easement and their rights within it, but after a week of back and forth, it was still not clear what options they would have regarding the paving of the driveway.  Add to it that the home inspector claimed a near death experience as he was walking around the corner of the house only to see the neighbor speeding around the corner!  Nope.  Not going to happen.  My buyers have a small child and a dog to consider and it is all about their safety.

Cancelation of the contract today and back to the drawing board.  This could have been prevented had we had the easement prior to making the offer.  Next time I see an easement like that, I will ask for a copy BEFORE writing the offer.

Keep smiling!

Karen