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We have purchased a house in the country and our driveway…

Customer Question
We have purchased a...

We have purchased a house in the country and our driveway gives access to the land behind us. there use to be a barn and now nothing is there, the person we bought it from says we cannot deny access to people who want to go thru our property. It causes a lot of damage to our grass and road. She has it for sale now and currently lets someone graze their cows so they are constantly going in and out. There is another access road to the property. If she sells the land behind us will the grandfather clause go away?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No just complained

Lawyer's Assistant: Where is the house located?

In TN

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
12/22/2017
Real Estate Lawyer: Barrister, Lawyer replied 5 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,571
Experience: 17 years real estate, Realtor. Landlord 26 years
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. If she sells the land behind us will the grandfather clause go away?

.

Unfortunately, if there is a deeded easement, then it lasts indefinitely unless the owner of that easement were to transfer it to you as it would then extinguish.

.

An easement is a property right and it would transfer to any successive owner of that property whether they actually needed it for access or not..

.

So you might want to consider approaching any new buyer and seeing if they would sell you the easement to extinguish it if they don't need it for access.

.

However, an easement gives the easement holder the right to cross over your land, but it doesn't give them the right to damage it. If they are doing so, then you would have the right to sue them for the cost of any repairs/grading that needed to be done to the road..

.

.

thanks

Barrister

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