Brian Carter completed a successful representation of a client that had purchased residential real property from a seller that retained surrounding property. Seller subsequently claimed an access easement over a driveway that crosses the land the clients purchased. Seller filed and served a lawsuit claiming an implied and/or prescriptive easement.
Lengthy negotiations ensued, during which seller agreed that the buyer need not enter an appearance in the lawsuit. After several months, the parties were able to resolve their claims, including the seller’s agreement to dismiss the lawsuit with prejudice and relinquish any claims to an easement over the driveway (seller had developed alternative access). Having avoided the need to appear in the lawsuit resulted in the client saving many thousands of dollars in attorney fees and court costs.
The moral of this story is that it is always helpful to have an experienced and capable attorney on the other side of a dispute, whose trust you have earned so counsel can work together to avoid unnecessary litigation. And, it is always wise to resolve as many issues as possible in the escrow for the purchase of real property (i.e., before the purchase rather than after), including as to any easements the seller might otherwise subsequently claim.