do we have to give right-of-way?

we are trying to sell a home we have owned for 60 years. Several different people have owned the house next door with no legal right of way across our land to theirs. We have never stopped them from usung our driveway, though. Now we are selling, even signed the papers- when the current owner says we have to give him a right of way or no one will want to buy his place. The new buyer told him he could continue to have free use of the driveway, but the man caused so much trouble that the sale is on hold. Can we do anything? There is no right of way in the deed.
I meant to say that the current neighbor was told he can still use the driveway. He has even accused us of changing the deed, removing his right of way. There never was one!

8 Responses to “do we have to give right-of-way?”

  1. Janet P Says:

    You can not legally deny an easement. Just get it done,.

  2. sassy25 Says:

    Do not sign anything. Lack of right away is your neighbors problem not yours

  3. Crazynat34 Says:

    It is illegal to restrict access to a land locked property. Sounds like you already give your neighbor access to his property regardless of an easement being recorded. It shouldn’t be a problem to have an easment recorded on the deed. That way nothing has changed for you and he feels secure about his property. Someone may buy the house down the road that trys to restrict him access. So he has a valid concern. How much land do you own? It may be a possiblity to sell him a small bit with road frontage so that he doesn’t have to depend on easments. This will increase his property value aswell.

  4. Mr Placid Says:

    If the buyer agrees to the access, then why is the sale on hold?

    A right of way (more properly termed an "easement") does not necessarily need to be on the deed to be valid. There are ways an easement can arise by implication. Most common is an easement implied by necessity, which will exist when a large plot of land is divided, and one of the newly created lots has roadway access only by crossing over the other lot. There are also easements implied by prior use.

    So, depending on all the facts, your neighbor may indeed have a legal right of way, regardless of whether there is any such indication on any deed.

  5. azrealestate09 Says:

    You need to check the EASEMENT BY PRESCRIPTION laws in your state…
    prescriptive easement is..
    A right to use property, acquired by open and obvious use, without the owner’s permission, over a minimum period of time established by state law. For example, if hikers have been using a trail through your backyard for ten years and you’ve never complained, they probably have an easement by prescription through your yard to the trail.
    ANd also look in to the EASEMENT BY NECESSITY LAWS in your state..
    Which is…An easement granted by a court to give the right of ingress and egress over a grantor’s land as being necessary to permit the full enjoyment of a parcel of real estate.

  6. godged Says:

    Create an easement to the neighbors property and be done with this. It is cheap and easy to do, please do not screw up your sale over this. What the neighbor could do is sue you for an easement (you cannot legally landlock a property), try some adverse possession thing, it is just not worth it. Grant him deeded access to his property and move on. The reason he is pushing this is because if he gets in a dispute with the new owner, this could be ugly for him, so he is trying to protect his access. Simple as that.

  7. charles w Says:

    The proper term is called "adverse possession." By allowing people to use your driveway and not stopping them over the years you have inadvertently given them the right to your driveway.

    This is a question for an attorney that specializes in real estate matters.

  8. Leo F Says:

    put your self in his spot and think about it.