[mvpmaggie]

If you have a clear title to a piece of land but receive a letter from an attorney who represents a neighbor and they claim an easement on your property do you need to file for a Quiet Title to clear your title?

[LisaB4657]

No, you don't need to file a quiet title action. The neighbor would have to file a lawsuit to enforce the easement they're claiming. During this lawsuit your title would either be cleared or the easement enforced.

Tell us more about the situation and we can give you more of an answer. Are they claiming the easement based on information in title documents from the past? Information shown on a survey? Constant use of the property?

[mvpmaggie]

This is a new owner of the property. They originally claimed a prescriptive easement based on use of the previous owner. We gave the previous owner a letter granting them use until they sold the property. It is not a prescriptive easement because we have used this access also. The title is clear and reflects no easement for the previous owner or the current owner

[LisaB4657]

I really hope that you kept a copy of the letter where you granted the previous owner permission to use the access. A prescriptive easement does not require that they use the easement exclusively. But it does require that the use of the easement area be hostile to the owner of the property, which means without their permission. If you gave permission then they will not be able to claim a prescriptive easement based on the previous owner's use.

I think it would be a very good idea for you to speak to an attorney and maybe even retain one now to head this off before it becomes a bigger problem.

[mvpmaggie]

WE do have letters documenting our permission to use the land. WE also have letters where the new owner knew he would not have access to the property if he purchased the land. The old owner was advised that when he sold the property the new owner would not have access. We blocked access after notification to the new owner about 2 months ago and have not heard anything else. New owner has built his own driveway now.

[LisaB4657]

Then it looks like you're in a very good position. I can't see any reason for you to file a quiet title action based on the information you've given here.

[joypulv]

What easement are they claiming? Is there no mention of it on your deed? Did you buy your property recently, with a title search done, or did you inherit it with no title search? Do you live there or near there to see what the easement is all about?

[joypulv]

Sorry, I saw 0 answers when I replied.