From: "G-Dawg" 
Newsgroups: misc.consumers.house
Subject: Re: Property Dispute - Encroacher won't accept easement!
Date: Fri, 15 Jun 2007 21:58:10 -0400
Bytes: 2845

 wrote in message 
news:MPG.20dc580d784d04aa989714@newsgroups.comcast.net...
> In article <7Uxci.16575$y_7.11660@newssvr27.news.prodigy.net>,
> spambait@milmac.com says...
>> In article , 
>> "Andrew Koenig"  wrote:
>> [...]
>> >
>> >So we asked our lawyer if we could just send them a letter noting that 
>> >their
>> >driveway was overlapping on our property and giving them permission to 
>> >use
>> >it.  His answer was surprising: Such a letter would have no legal weight
>> >because it would not be a contract.  He explained that in order for such 
>> >an
>> >agreement to be binding, both parties have to give up something and gain
>> >something in return.  Merely giving them the right to use the land, and 
>> >not
>> >getting anything in return, wouldn't mean anything.
>>
>> This is also settled sometimes by granting permission to use, in exchange 
>> for
>> a payment of a dollar a year.
>
> In a similar situation that happened to a friend of the family, the
> encroacher's "consideration" was agreeing to maintain the encroached-
> upon property.  As long as they maintained the driveway, they had
> permission to maintain the driveway.  If they stopped maintaining it,
> they had to stop maintaining it.
>
> -- 
> josh@phred.org is Joshua Putnam
> 
> Updated Infrared Photography Gallery:
> 

Yes, my neighbor didn't even want to agree to accept the easement. But she 
needed to to be able to use her garage. It didn't make sense.