appraisal for a driveway easement

[carrief]

I have a few questions about asking a neighbor for a driveway easement.

I live in a condo-conversion two family house in Massachusetts. Our driveway is between our house and our neighbor's house (which is a two-family rental; owners do not live there). Currently, the driveway is all on our property and is about 14 feet wide. We are looking to expand our driveway and want to approach the neighbor to use a 5-foot strip of their land, either through an easement or through an outright purchase. This land, in addition to about 1.5 feet of our own land would allow us to park two cars side-by-side rather than having 4-car tandem parking. Essentially this would mean using all of the land between our two houses (up to the foundation of each house) for a driveway.

We have not approached them yet, but would like to know in general...

1. Do people generally pay cash for an easement to use land? If so, how could we determine an approximate "going rate"?

2. Would easement agreements in our town be on file someplace where we could look at them as samples? How could we find some without knowing which houses have easements (if there are any).

3. If they agree to an easement or a purchase agreement, what is the best way to find an appraiser? When would a lawyer need to get involved?

Thanks for the help! Any advice, guidance is much appreciated as we begin this process.

Carrie

 

[The Warrior Monk]

We have not approached them yet, but would like to know in general...

1. Do people generally pay cash for an easement to use land? If so, how could we determine an approximate "going rate"?

Typically they are cash deals.

If you get a mortgage, it would be on the whole property, i.e., the land you already own plus the easement.

2. Would easement agreements in our town be on file someplace where we could look at them as samples? How could we find some without knowing which houses have easements (if there are any).

Typically they are recorded. How you find them depends on the the filing system the recorder uses.

3. If they agree to an easement or a purchase agreement, what is the best way to find an appraiser? When would a lawyer need to get involved?

I wouldn't use any appraiser to value the easement; use an expert that is experienced in the appraisal of such properties.

One way to find an appraiser is to call the division of real estate at your county office. Many have a list of appraisers that do such work for them, many of whom are qualified to do such work.

Also, the Appraisal Institute website home page has a "Find an Appraiser" tab:

http://www.appraisalinstitute.org/

Look for a general certified appraiser in your area.

Easement appraisals are typically complex and are not inexpensive.

Good luck!

 

[Abester]

Easement appraisals are typically complex and are not inexpensive.

And may cost more than the value of the easement...

 

[Walter Kirk]

Do the neighbor's tennants use the same driveway? If so perhaps an easement is not necessary.

 

[carrief]

No, the tenants have their own driveway on the other side of the house.

In fact, one thing we were considering was offering them a space to use in our expanded driveway in exchange for the easement. But when we did some measuring and moving around of cars last weekend, we realized that there is not quite enough space for us to do this without making things pretty inconvenient for everyone -- that would result in 5 cars parked in the driveway belonging to 3 different units. We have enough space on our own land to do 4-car tandem parking if we have to (though none of us really want this). Offering the neighbors a spot in the driveway would probably make things just as complicated, if not more complicated, than a 4-car tandem situation. Right now, we're looking for something better than that.

 

[Walter Kirk]

Since the owners of the property are not going to use the driveway and since the property is an investment property I would suggest simply renting the area for the expanded driveway.

A lease would be the least complicated procedure and it would eliminate mortgage problems for the owner as well as possible government restrictions.

 

[Howard Klahr]

Before you invest too much time or money in this venture, you need to check with your local planning and/or zoning department to find out if it is even permitted. Even with the adjacent property owner's permission, this may not be allowed under current code.

 

[Bernie I. Garcia]

Driveway Easement

Carrie,

I have appraised many easements, both permanent & temporary. The valuation of an easement can involve a few issues & can be relatively expensive depending on various issues. Call me & we can discuss the issues at no fee unless an assignment is actually involved.

Bernie I. Garcia, SCGA, IFAS, CA-S, CREA
1/626/967-4245