Replies

1. 
   brownbagg | Oct 21, 2007 04:22am | #1

   here its illegal to denied access to one property

   .

   Know BOB, Know Peace

2. 
   DougU | Oct 21, 2007 05:41am | #2

   They said they were waiting for the old lady to die and were planning to fence me off

   I think upon hearing that I might have laughed in their face, along with some cunning remark about how they should have bid higher then!

   Doug

3. 
   Jim_Allen | Oct 21, 2007 06:25am | #3

   It's very possible that they were deluding themselves about fencing you out becasue of the history of the properties being accessed by the driveway.

   But....it's probably cheaper in the long run to pay $575 for the drive, rather than to spend thousands later in legal fees proving your case.

   Good move!

   Now..don't try to fence them out. I know your tempted....

   jim

   fka (formerly known as) blue

1. 
   bobbys | Oct 21, 2007 06:33am | #4

   Thats what i thought it would be way cheaper then a lawyer later, I would not fence them out the easement is for them but they may have another building site, dont know the law but i wonder if i would have to ok it if they sold another lot

1. 
   Jim_Allen | Oct 21, 2007 06:47am | #5

   That would be a local law. In the rural places I've lived, there can be only two residences operating off one driveway.

    fka (formerly known as) blue

1. 
   bobbys | Oct 21, 2007 06:51am | #6

   at any rate im not sure i would yell at the guy that just bought your driveway

1. 
   Jim_Allen | Oct 21, 2007 07:29am | #7

   I agree!!!!! What in the heck was he thinking?fka (formerly known as) blue

2. 
   DY473 | Oct 21, 2007 08:53am | #8

   Next issue? The agreement to allocate costs! Generally, this is based on the percentage of the driveway used by each party. If your home is first, you'd split costs 50/50 up to that point & if they're the only remaining home, the remainder of the driveway costs are 100% theirs to bear. Last one on the driveway gets the higher cost to bear. Banks often require these agreements be in place. Our private lane is shared by four homes. Ours is the first driveway off of that lane & to the upper side of our driveway represents 15% of the total lane's length. 15 divided by 4 = 3.75% & that's the allocation we pay for all costs associated with that portion of the lane.    

3. 
   Jim_Allen | Oct 21, 2007 09:02am | #9

   Good points DY and thanks for the real world info!fka (formerly known as) blue

4. 
   bdeboer | Oct 22, 2007 04:53pm | #10

   It sounds to me like the people in back like the idea of your lot being empty, and without access the value of your lot is much lower.  Around here they have started making it difficult to get driveway permits to control growth.  They make you use existing access even if it is shared.  I would offer to sell them the lot/driveway at 1 1/2 times the market value and see if they bite.

1. 
   Piffin | Oct 22, 2007 07:06pm | #11

   "I would offer to sell them the lot/driveway at 1 1/2 times the market value and see if they bite."the heck with that! He bought it to secure his own access. Why would he want to sell it off again?Even if he did, the price would be much higher than that.
   He has already established that the 'market value' at this point is what he paid for it. He has the right to sell it again for whatever he can get out of it, should he want to sell. That could be ten grand. 

    

   Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!

1. 
   Jim_Allen | Oct 22, 2007 07:27pm | #12

   I don't see the advantage to offering up the lot for sale either, especially to someone that has already stated that they'd close off access! I also think the offer to make a significant gain on the deal would only serve to strain the relations more.There might be one "good neighbor" offer that might make sense: offer to sell to them, to alleviate their concerns, at the same buying price with the contract to include favorable deed instructions. I doubt that I would consider this though because its been my experience that a bad egg of a neighbor never changes their disposition and there is an old saying that applies "No good deed goes unpunished."
   fka (formerly known as) blue

1. 
   Piffin | Oct 22, 2007 08:15pm | #13

   You got that right. I got neighbor stories and right of way stories to last through a whole bottle of bourbon! 

    

   Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!

2. 
   bdeboer | Oct 22, 2007 08:33pm | #14

   I meant 1 1/2 times the current market value for similar building in that area.  I did not mean just the driveway, sell them the whole thing as a package.  If they through a fit over the driveway, I can't imagine what they would be like when someone decided to build there.

   Edited 10/22/2007 1:40 pm ET by bdeboer

1. 
   Piffin | Oct 22, 2007 10:14pm | #15

   I see what U mean.But given their actions and attitude, they are more likely the kind who want what the want for free, if not cheaper. 

    

   Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!

1. 
   bdeboer | Oct 22, 2007 10:57pm | #16

   I think you're right on the want it for free thing, but emotions are involved.  Guy across the road just gave 46K for a 20K lot to a buy and cut the farm up into farmette's outfit to keep them from listing the land next to him.