OWNER'S TITLE INSURANCE ALSO PROTECTS HEIRS

DEAR BOB: About a year ago, I inherited my mother's house, which I now rent to tenants. A neighbor is claiming a driveway easement over part of the rear of the large lot. As far as I can determine, the lot doesn't have any easements except for public utilities such as power, water and sewer. The neighbor says she used this easement for many years while my mother was alive. This is news to me. Do I have any recourse to stop the neighbor's use of that driveway? --Nathan R.

DEAR NATHAN: If your mother obtained an owner's title insurance policy at the time of her purchase, that owner's title policy also insures you as the heir. Check with the title insurer to see if there was any evidence of a driveway easement in either your mother's deed or the deed of the adjoining property.

If use of the driveway easement was with your late mother's permission, then the neighbor has no legal right to continue using it if you revoke that permissive use. However, if use of the driveway easement was nonpermissive but "open, notorious, hostile and continuous" for the number of years required by state law, then the neighbor might have established a prescriptive easement. For details, please consult a local real estate attorney.

The new Robert Bruss special report, "Five Easy Ways to Buy Your Home and Investment Property for Nothing Down," is now available for $5 from Robert Bruss, 251 Park Road, Burlingame, CA 94010 or by credit card at 1-800-736-1736 or instant Internet delivery at www.BobBruss.com. Questions for this column are welcome at either address.

(For more information on Bob Bruss publications, visit his
Real Estate Center).

Copyright 2006 Inman News