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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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There is a large parking lot behind (west of) my house and

Customer Question

There is a large parking lot behind (west of) my house and the neighboring house to the south. Until a year ago, a church owned the parking lot. There are two drive ways to the parking lot leading from the main street in front (west) of my house. One driveway runs along the north side of the church and the other runs on the north side of my house. Both driveways are one lane.
The church sold its property to the local university. My deed, held by my mortgage company, Wells Fargo Home Mortgage, reports that my deed shows no easement to my driveway. But the previous owner wrote on the real estate description of the property that he had an easement agreement with the church: he would not park in the driveway adjacent to his house on Sunday mornings and Wednesday evenings so that the church attendees could access the parking lot and exchange the church would maintain the driveway’s pavement and also plow his driveway of snow when either is needed. I accepted this arrangement when I took out the mortgage but this easement was not explicitly cited on the deed.
Does an easement now exist? The university found on file at the country courthouse a document that it believes is the easement. The electronic copy sent to me is questionable in a few ways: 1) the “tax mailing address” of the “Grantee” is “303 Front Street” but my “tax mailing address” is*****and the church building address is***** 2) if there is a signature and a date they have been obliterated (blackened out), leaving the agreement doubtful; 3) the parking lot is not landlocked but accessible by the driveway adjacent the church building.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  socrateaser replied 2 years ago.
Hello, I need to review the easement instrument. Otherwise, I'm just guessing. If you want me to do this, I can send you an additional service offer. Thanks for using!