Legal Question in Real Estate Law in Maryland

I have property on top of a hill, my brother own the bottom half of the driveway I own top half. He has decided to move, how do I still get to my property when a new owner takes over?

Asked on 8/19/14, 7:38 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

You must get your brother to agree that the new owner must grant you an easement to use his half of the driveway. You probably already have one legally by virtue of your use of it, but it's best to have a written document drawn up, signed by the new owner and then recorded in the land records. You and your brother could actually do that now and it would then be legally binding on any subsequent owner.

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Answered on 8/19/14, 12:48 pm

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