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3,166,134
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

A driveway issue that seemed to be no problem. We were waiting for the neighbor to sign off on the less than a foot of encroachment. That neighbor waited til the 11th hour and then asked for an exorbitant amount to sign off. 

Dec 11, 2015 12:34 PM
Ambassador
3,985,028
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

I have never seen a deal get derailed though I have seen it get very sticky. I have one now where a builder had to buy a lot because he had encroached over the side boundary line.

Dec 11, 2015 09:06 AM
Rainmaker
3,613,440
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Most have been related to boundary issues and nothing has surfaced(thankfully, so far) that hasn't been resolved to the satisfaction of all parties.  

Dec 12, 2015 12:29 AM
Rainmaker
3,063,785
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

We once had a Buyer interested in a property where we found the driveway was on the adjacent property.  Next!!

Dec 11, 2015 08:28 PM
Rainmaker
2,325,023
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Jeff. Absolutely, most of them work out, as many easements are old and have so effect on the use of the property.

Dec 11, 2015 06:22 PM
Rainmaker
634,116
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

Beach access is a common easement issue here, along with the usual easement issues like fence/driveway/walkway acccess.

Dec 11, 2015 05:02 PM
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4,305,787
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Jeff Dowler CRS luckily enough, the only one I have come across is driveway of neighbors in my buyers property. And that was perfectly okay with my buyers.

Dec 11, 2015 03:24 PM
Rainmaker
1,075,544
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Only a fence boundary dispute.... Thank God.

Dec 11, 2015 09:00 AM
Rainmaker
4,312,148
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Once I did have a transaction where the entire property was not transferred properly by the previous title company, but was discovered early in the transaction.   It was resolved prior to closing with no delay.    They had to contact the previous title company and work behind the scenes.

Dec 11, 2015 11:01 PM
Rainmaker
1,816,579
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

I have been lucky so far! 

Dec 11, 2015 12:25 PM
Rainer
140,210
Richard L. McKinney P.A.
Atlantic Shores Realty Expertise - Port St Lucie, FL
For Results that MOVE you on the Treasure Coast!

I have had many fences in the easement, a couple of driveways, a shed and a few pools. Most were easy to deal with .. On the two pool occasions I helped sellers get an abandonment of the easement which took about a month and a few council meetings.  

 

Dec 11, 2015 09:34 AM
Rainmaker
5,760,879
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Those common driveways can lead to sticky issues relating to maintenance and snow removal. You need compatible neighbors.

Dec 11, 2015 09:09 AM
Ambassador
4,642,120
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Not in real estate sales, but we have these issues all the time with timber sales.

Feb 26, 2019 03:04 AM
Rainmaker
812,117
Troy Erickson AZ Realtor (602) 295-6807
Good Company Real Estate www.ChandlerRealEstate.weebly.com - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Jeff - I have never had an easement issue, but have had an encroachment issue on a couple of transactions. Both were resolved through communication with the neighbor, and dealing with the issue as nice, but at the same time, as aggressively as possible without pissing anyone off.

Both times the issues were resolved way before closing. 

Dec 13, 2015 03:22 PM
Rainmaker
798,122
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Oh yeah. There was a waterfront parcel many years back that the owner, prior to his death gave his next door neighbor an easement for the ENTIRE parcel. LOL! That derailed a sale and I believe resulted in a court battle.
Another was easier--a utility company bought an adjacent parcel to an office building, and the building did not retain an easement for their entire driveway (10 ft of 30). The property changed hands 3 times since the 70s without anyone noticing! We didn't have much trouble getting the utility company to record us one.

Dec 12, 2015 12:37 PM
Ambassador
3,691,648
Patricia Kennedy
Redfin - Washington, DC
Home in the Capital

They come up here in the form of shared driveways more than anything else.

Dec 12, 2015 12:22 PM
Rainmaker
555,114
David Gibson CNE, 719-304-4684 ~ Colorado Springs Relocation
Colorado Real Estate Advisers LLC - Colorado Springs, CO
Relocation, Luxury & Lifestyle residential

Jeff,
Simple easements can almost always be resolved. It gets trickier when you start talking about who is going to maintain private roads. 

Dec 12, 2015 09:27 AM
Rainmaker
3,985,513
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Seller had thought he had given a 33 ft easement to the buyer and actually gave 66 ft.  Buyer sold back 33 ft sor a fee

Dec 12, 2015 06:01 AM
Rainmaker
212,605
Stefan Winter
Real Estate in IL & NV | Owner of Real Estate Web Tech | Daily Vlogger - Las Vegas, NV
Owner - Winter Group & Real Estate Web Tech

Luckly I never have run into any easement issues.

Dec 12, 2015 04:40 AM
Rainmaker
5,322,840
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

we often see easements described in deeds... usually utility easements... but sometimes, an access that's an easement...a means of getting from one point to another by using someone else's land for the crossing.... it's common here...

Dec 12, 2015 03:17 AM
Rainmaker
4,798,469
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Yes, happens fairly regularly.  The most serious one was an encroachment on a utility easement that was not curable unless the structure was removed.  The buyer still purchased the property though switching to a cash purchase and for a discount.

Other fairly regular ones are fences and air conditioning pads that can be resolved with variances.

Dec 12, 2015 03:15 AM
Ambassador
4,201,277
Jeff Dowler, CRS
eXp Realty of California - Carlsbad, CA
The Southern California Relocation Dude

I had a deal fall apart earlier this year over an easement that allowed the neighbor to enter the gated property whenever they wanted and use part of the drive to access a secondary garage on his property. Previous owners went to court to try to get it removed but judge overruled. 

Dec 12, 2015 01:47 AM
Rainmaker
1,401,327
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Jeff Dowler CRS Once had a buyer who wanted to purchase a property at the end of a cul-de-sac. Turned out it was land locked. He purchased it anyway thinking he could get the County to approve a five or so foot easement granting access to the property. Approved only if he provided a one mile access road to the main road. Cost prohibitive! My advice was not to purchase the property without prior approval. He purchased it anyway.

Dec 11, 2015 11:03 PM
Ambassador
1,706,597
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Yes, an abandoned gas pipeline below the house caused a bust. We had to have the county get this resolved so we could resell the new home.

Dec 11, 2015 10:05 PM
Rainmaker
3,548,800
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Only once many years ago. There was an oil pipeline easement issue. It went throught the center of the home. The buyers wanted to assume the liability beccause the home was unique. They had to sign waivers and did so. Not sure most would!

Dec 11, 2015 09:46 PM
Rainmaker
810,250
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

In one case it was shared ownership of driveway, lender said NO WAY.

Another was a 1960 constructed home with many serial owners that suddenly showed an easement going through the center of the house. Many hours spent without compensation to fix a city caused error.

Then the driveway that was on the wrong property. Got both owners to agreed to survey and deed the piece as needed. My efforts were repaid because I was selected to sell BOTH houses.

Dec 11, 2015 09:14 PM
Rainmaker
778,441
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

I had one last year that derailed a sale. I had a listing under contract with a home sale contingency. The listing agent of that house wasn't aware there was an easement along the right side of his listing that had a driveway that served the lot behind. The driveway was built off to the left of the easement where it should have been built. The homeowner behind that used the driveway didn't want to move his driveway. The owner of the home being sold didn't want to expand the easement so that the driveway was within the easement. Both sales fell through. Supposedly they both hored attorneys and surveyors, but thye were told it could be a year before they reached some type of agreement.

Dec 11, 2015 08:51 PM
Rainmaker
3,437,155
Nina Hollander
Coldwell Banker Realty - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

Fortunately, not yet, Jeff. We see easements on surveys all the time, but thus far nothing out of the ordinary. And I assume you were asking about easements, not encroachments.

Dec 11, 2015 08:50 PM
Ambassador
2,758,931
TeamCHI - Complete Home Inspections, Inc.
Complete Home Inspections, Inc. - Brentwood, TN
Home Inspectons - Nashville, TN area - 615.661.029

 Good morning Jeff I could see where easements can cause some angst.

Dec 11, 2015 07:17 PM