11-12-2007, 06:37 AM
We are finally in our new "house" (a shell of) with a good roof and all the avocado I could ever dream of. I have a very nice neighbor who has an empty lot with a car track going thru it to the paved road. This track goes to our property and it would make all the difference in the world if we could use it. The crappy road we drive in and out of is killing our vehicle. This nice neighbor said she'd love to let us use the track for access to the paved road, BUT (big but) she can't, because it is her understanding based on research that if it was used for access or an easement then if she wanted to sell the lot down the line, or if we sold ours - in either case it would have an easement attached to it whether she wanted it or not. I said, couldn't we write up an agreement that she was just allowing us temporarily to use the access and that it was NOT an official easement. Of course I offered to pay her or do an exchange or whatever. But she was adamant that as much as she'd love to let us use it (and she truly is a generous and open soul) that because of the possibility of it becoming an easement by default, that she can't let us. I am wondering whether there are any punatic lawyers or realtors out there who might comment on this. I do so want the access - it would make a world of difference. (She doesn't want to sell the lot.)