Mandems Mom, Home Buyer in Wisconsin

How difficult is it to remove a shared driveway easement when there is no existing property on the land that shares the driveway?

Asked by Mandems Mom, Wisconsin Wed Apr 3, 2013

A home that we've made an offer on contains an easement to share the existing driveway with a lot that sits in front of the home we're hoping to purchase. That front lot is currently for sale and there are no existing structures on the property. What would it take to have the easement removed so that they access their driveway from the main road?

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Answers

8
Well, we didn't get the house so the easement is no longer a concern! Thanks for the info though!
0 votes Thank Flag Link Fri Apr 12, 2013
Your best option is to have your attorney deal with this as you will need all parties involved approve and record for future clarification.

Good Luck!
0 votes Thank Flag Link Thu Apr 4, 2013
You would have to have the easement removed, by deed, by the neighboring property's owner. I suggest offering money.

All the best,
0 votes Thank Flag Link Wed Apr 3, 2013
Hi Again, I understand you will still be moving forward with this transaction; however, you might not be able to just remove an easement as that is something that the previous owners of that property already agreed to. You will want to contact a real estate attorney to determine what type of easement was granted, is it in the deed to the property, is it permanent or temporary, etc. Hopefully the prior owners have some legal documents regarding the easement that can get you started. There are many types of easements and the circumstances can be different for each one. It can be complicated and confusing, so you really need to get legal advice/assistance regarding this situation!
0 votes Thank Flag Link Wed Apr 3, 2013
I'm not trying to change the offer terms and we have no contingencies, just wanted to know if we get the house, where to start looking into seeing if the easement can be removed and what that would require. Whether or not it could/would happen does not change our desire for this house.
0 votes Thank Flag Link Wed Apr 3, 2013
Definitely need legal advice on this one. And it sounds like that driveway is needed for access to the front lot? There are laws in WI regarding land locking and this could fall under that. There is a reason that easement was put into place. You need to read the legal documents and get legal advice on this before making your offer.
0 votes Thank Flag Link Wed Apr 3, 2013
I would discuss this with your buyer's agent, or the agent that is helped you prepare this offer. Once an offer is written and accepted, it's difficult to change the terms of the offer, unless both sides (sellers and buyers) agree to a change or new contingency. You may also want to contact a real estate attorney that can guide you through the proper way to handle this. Good luck!
0 votes Thank Flag Link Wed Apr 3, 2013
You probably will have to contact a Real Estate Attorney to remove the Easement.
I would do that BEFORE you make an offer, and/or make it CONTINGENT upon that.
0 votes Thank Flag Link Wed Apr 3, 2013
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