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ebd1939 · Jun 12, 2011, 04:18 PM

Five yrs ago Grandpa and I gave Grandson 10 acres to build home on .We had a verbal agreement with grandson that we could use driveway as long as we farmed . Just before grandpa died he rented the farm ground . Grandson refused to allow renter to use driveway to cross into farm ground . There is another way to get to ground , but is not possible to to if the ground is wet and very steep incline and unsafe for the large equipment renter has .So the safest, fast and most reliable way is the driveway we used for 40 yrs . I now have a offer to sell the farm ground but they want a easement . What do I do take grandson to court over this ?

JudyKayTee · Jun 12, 2011, 04:33 PM

In a word - yes. Either he agrees or you take him to Court and TRY to get him to sign an easement.

In Court it's your word against his.

ScottGem · Jun 12, 2011, 04:46 PM

If you can prove that you used the road after the sale of the property on a regular basis, then a court will, very likely, grant the easement. In addition, if you lose the sale because of his refusal to grant the easement, you will have a further cause of action against him.

I would contact a Real Estate attorney to draw up the easement and send it to the grandson to sign. In the cover letter the lawyer can state your determination to pursue legal redress if he refuses to sign.

Fr_Chuck · Jun 12, 2011, 05:27 PM

Yes, the fact you used it for years, and that it was a verbal agreement could even help. You now know of course that you should have made the agreement in writing on the sale of the 10 acres.

AK lawyer · Jun 12, 2011, 05:42 PM

Originally Posted by ebd1939

... There is another way to get to ground , but is not possable to to if the ground is wet and very steep incline and unsafe for the large equipment renter has ....

Too bad. You have a way to get to the property, just not the way you want. If it's not passable in wet weather you may have to improve the road surface.

Your verbal agreement, that you could used it as long as you farm no longer, apparently, applies. You no longer farm the subject property, correct?

JudyKayTee · Jun 13, 2011, 05:24 AM

I see a difference (in NY) between a verbal easement between family members (Grandparents/Grandson) and a stranger (renter). I don't think what went on before is going to matter. There IS other access (which perhaps will have to be improved) to the property. It is not landlocked.

There is no easement in the Deed (apparently). If this were to be a permanent easement to follow the property I see a written, permanent easement. That is not the case here.