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A Real Life Step-by-Step of a Property Access Nightmare

By , About.com Guide

5 of 5

New Driveway Gets Removed - New Access & Drive Built - Who Pays?

Survey plat of two lots with an easement.©Jim Kimmons
With daily costs of their new home construction delay mounting, the new owners of Lot 6 need a resolution. The Lot 5 owner isn't cooperating and is legally OK with holding his ground. The title company underwriter should probably step up and pay for this, but declines (costs them lots of future business).

We're talking about somewhere in the neighborhood of $12,000 to remove the driveway in the now-extinguished easement, pay the utilities to relocate their boxes, and create a new access driveway to the home under construction. Here's how it split up:

  • Title company paid $6500
  • Real estate broker paid $2500
  • Lot 6 owners paid the rest
  • Why did this get resolved in this way?:

  • Real estate agent could have better protected their clients
  • Title company took the hit for their now-fired underwriter
  • There was no "Insured Specific Access" contingency
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