I am about to buy a property that has an unused right of way to serve it and the property next door. If the next door property decides to us...

Question

I am about to buy a property that has an unused right of way to serve it and the property next door. If the next door property decides to use the right away to build a driveway can I be held financially responsible for any costs?

Thank You

Answer

You should be represented by a real estate lawyer in your area, and you should be buying title insurance from a reputable national title insurance company - company, not agent. If you are buying through an agent, be sure to request, in advance, an insured closing protection letter to be issued from the title insurance company.

The lawyer and the title insurance company can advise you about the right of way, if there is a recorded document that sets out the respective rights and responsibilities, and if, not, how you could correct that and what your options will be.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.