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Re: easement agreement for shared driveway. Mn, Have owned…

Customer Question
Re: easement agreement for...

Re: easement agreement for shared driveway.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Mn

Lawyer's Assistant: Has any paperwork been filed?

Have owned this property since 1978. At closing we were given copy of agreement between the two owners at the time. New owners have tenant who has children using driveway as playground. Agreement days ingress and egress for cars only. Is legal agreement still in effect or did it terminate with new owner?

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
9/13/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 11,471
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Generally, if one party is not using an easement in the way that it is written in the contract, then the other party may have the authority to cancel the easement agreement. In your case, if the easement is only for Ingress and egress, and the children are using it as a playground, than they are not properly using the easement Consistent with the easement agreement. Basically, it is a breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 8 months ago
My question was not answered. I wanted to know if when one of the properties changed owners. not mine, I've been there since 1978, is the easement still in effect. It was signed by the owners of each building right before we bought it in 1978 and both parties were there at closing to make sure we understood about purpose of driveway.
That building changed hands recently and the new owner did not seem to know about the agreement. I thought this stuff came up at closings.
It's rental now and tenants are using it as a playground.
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

Yes. The easement stays in effect regardless of who owns the property because it runs with the land, not the owners. It should come up at closing and even if it didn't, if someone is on constructive notice of an easement, then they are required to abide by it.

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Customer reply replied 8 months ago
please do not call. I noticed price after clicking on "yes".
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

That's no problem. I want to help you understand your situation better. Did you have any other questions that I could help you clarify?

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