We recently purchased a home with a u-shaped driveway (two entrance/exit points). There is a tree line just past the first entrance/exit point clearly defining what we assumed was the boundary of our property, and we have been caring for the yard there along with the rest of the lot. The seller was represented by a relocation company located out of state throughout the process. Several times during negotiations, the far corner of the driveway (at the first entrance/exit point) was clearly discussed as part of the property for sale with the house (damage there required disclosure of prior estimates of work, and eventual credit was in part due to that damage). There was mention of an adjoining undeveloped lot for sale in the listing, and we had the impression the other lot was also owned by the prior owner, but no other information was ever provided. During several walk-thrus with our real estate agent, it was clearly implied that our land went up to the tree line.
We didn't receive a copy of the survey until closing, when a passing mention was made by the title representative of an easement for the driveway located on another deed, which she didn't have a copy of at that point. When we asked, she said something about it being for right-of-way for entrance, and mentioned the city. We assumed it was over the drainage ditch, and didn't think more about it. This is our first home purchase, and we didn't look too closely at the survey until someone was on our lot yesterday asking about the lot for sale next door. It appears our lot ends about 25 feet closer than we thought, bringing the adjacent lot to about 5 feet of our house and including about half of our driveway. When we got a copy of the deed of easement (dated 30 years ago) today, we saw that there is language there that allows for its cancellation with 30 days written notice.
Our concern is over the possible loss of a large portion of the driveway and our side yard, as well as a potential zoning violation since our house is within the 8 feet required by the district ordinances between a structure and the edge of the lot. This was apparently not considered by the previous owner, who owned both lots and left the second undeveloped. The previous owner had owned both lots for nearly 10 years, and clearly used a portion of that undeveloped lot as part of the land around the house with yard, driveway, etc. The remaining area is unmaintained/wild growth. What options (aside from trying to purchase the lot ourselves) are available with the deed of easement? Shame on us for not making sure exactly what we were purchasing, but is there any recourse available with this situation?
Thank you!
We didn't receive a copy of the survey until closing, when a passing mention was made by the title representative of an easement for the driveway located on another deed, which she didn't have a copy of at that point. When we asked, she said something about it being for right-of-way for entrance, and mentioned the city. We assumed it was over the drainage ditch, and didn't think more about it. This is our first home purchase, and we didn't look too closely at the survey until someone was on our lot yesterday asking about the lot for sale next door. It appears our lot ends about 25 feet closer than we thought, bringing the adjacent lot to about 5 feet of our house and including about half of our driveway. When we got a copy of the deed of easement (dated 30 years ago) today, we saw that there is language there that allows for its cancellation with 30 days written notice.
Our concern is over the possible loss of a large portion of the driveway and our side yard, as well as a potential zoning violation since our house is within the 8 feet required by the district ordinances between a structure and the edge of the lot. This was apparently not considered by the previous owner, who owned both lots and left the second undeveloped. The previous owner had owned both lots for nearly 10 years, and clearly used a portion of that undeveloped lot as part of the land around the house with yard, driveway, etc. The remaining area is unmaintained/wild growth. What options (aside from trying to purchase the lot ourselves) are available with the deed of easement? Shame on us for not making sure exactly what we were purchasing, but is there any recourse available with this situation?
Thank you!
