Q: If I am buying a foreclosed house that is landlocked must there be an easement attached to the deed so I can access it?
The house that we are purchasing is a foreclosure. Originally, the owner owned 35 acres and that house is on that land. Several years ago, he sold 30 acres to his brother's business, so now the house just sits on 5 acres. The problem is that part of the driveway to the house is now on his brother's land. Our real estate agent said that there has to be a right of way attached to the deed, but because he sold the land after he built the house I am doubtful. She said that if the bank owns the property there would have an be an easement already attached? Legally, is that true? If there isn't an easement already attache to the deed, is this a fixable problem?
A: Hire a competent attorney to perform a title search. There may be an easement by implication by the common grantor. Or there may be an express easement in the chain of title. Having an easement declared by necessity is the last, most expensive possibility.
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