My Neighbor Claims to have the Right of Way on our Easement but it isn’t Indicated on my Deed, Shouldn’t my Deed Indicate this Also?

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“I recently purchased property that the driveway goes through my land, and continues to my new neighbors property. The “neighbor” is already giving me a hard time about keeping up with the driveway such as plowing snow up to the end of my property, not just where my family needs to park. She also stated that the “right of way” was in their deed. My deed has no information pertaining to giving them “right of way” through my property. If I have to give them access, shouldn’t it be stated in my deed also?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Recording practices vary from state to state (and sometimes from county to county), but often easements are recorded as separate documents, and not always referenced in transfer deeds. You should have had notice of the easement, however, when a title search was done during your purchase, and it should be easy enough to locate the document and see what it really says.

If you weren’t given any notice of this easement, you may want to consider whether this is a proper claim against your title insurance. Be aware, however, that they may argue that the easement is obvious from a physical inspection of the property.

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Author: House Attorney

A house attorney has answered this question.

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