As the next door neighbor to a property for sale, can we ask buyer to cut his own driveway?

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As the next door neighbor to a property for sale, can we ask buyer to cut his own driveway?

The house next door for sale by a Trustee; it was our parents’ home. Now it’s for sale and we’ve always shared the driveway that is on our property. Can we ask the buyer to cut his own driveway, before the sale goes through?

Asked on October 20, 2019 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Check your deed: does the neighbor have an easement to use your driveway? If the neighbor does, he has a legal right to use it and you can't require him to cut or make his own driveway. And his right will transfer to his buyer, since easements go with the land and do not depend on who owns it.
On the other hand, if there is no easement, if instead you (and your parents before you) simply allowed him to use the land, you can take away that permission and require the neighbor or his buyer to build their own driveway. When you voluntarily let others use your land, that permission may be withdrawn.


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