Georgetown, IN asked in Real Estate Law for Indiana

Q: How can a neighbors deed show a driveway easement for my property when my deed does not. They don't own property behind

They have lots of road frontage on the front side of they're own property

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: You are not being clear. But the easement over your property should be in your chain of title.

Vice versa, if you have an easement over your neighbor, it should be in his servient chain of title deeds. Prescriptive Easements arise by use over time. But it sounds like you may need to sue neighbor to enjoin his trespass if he is driving over you. It is nice to include easement appurtenant rights in the dominant estate's deed, but it is not required. Hire a competent IN attorney to search both titles.

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