Home Buying in Califon>Question Details

Wayne Happ, Other/Just Looking in Califon, NJ

House Sale and Real Land Deed

Asked by Wayne Happ, Califon, NJ Sun Oct 12, 2008

I bought a house and property several months ago. What I did not know at the time was that a neighbor had rights to use a portion of the land for "parking"

Is seems that several decades ago. The owner of my house bought property from the neighbor. Part of the deal was the right to park in a location of the property. This was back in the 70's sometime. As far as I can fell the space in question was once part of an access road to some mills that were there in the 1800-1900's.

We're talking old houses here. Mind built 1884.

The question is this. I know that the land deed goes with the property. But is there any way that I can get rid of their right of way? I can think of better thinks to do with the area in question rather then reserved parking.

It;s partly my fault because when I finally took the land survey out and started at it for a while. There is a spot on it that says right of way and referenced a deed in the town archives.

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Answers

3
Has your neighbor been using the easement or have you and the previous owners been using it? If you and the previous owners have been using it continuously for 20 years, you might be able gain right to it. This is really an issue that needs to be addressed by an attorney and Title company.

Laura Giannotta
Keller Williams Atlantic Shore
609-384-6121
0 votes Thank Flag Link Mon Oct 13, 2008
Wayne
Sorry to hear of your bad luck.

You could certainly speak with an attorney. The main issue is that because the use has been "open and notorious" for so long the seller probably would have said that the price reflects the easement. So if you want to buy some of your neighbor's land, which is what it amounts to, then you'd have to negotiate a deal.
0 votes Thank Flag Link Sun Oct 12, 2008
Keith Sorem, Real Estate Pro in Glendale, CA
MVP'08
Contact
You could contact the owners of that easement and try to buy it back from them. You will likely have to pay for all costs involved as well as something for their "loss". If you were to try to erect a fence or prevent them from use of the access you could run into legal issues. Where was your attorney in this? Someone should have reviewed the survey and deed and pointed this out to you.
0 votes Thank Flag Link Sun Oct 12, 2008
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