Buying a house comes with plenty of last-minute details, but finding out that part of the driveway isn’t actually on the property probably isn’t one most buyers expect.
That’s what happened to one homebuyer who was just two weeks away from closing when the title company uncovered an unexpected problem. A narrow section of the driveway extends onto the neighbor’s property, and no legal easement gives the homeowners permanent permission to use it.
Now the buyer has a decision to make. They can move forward knowing the issue exists, try to negotiate a lower purchase price, or walk away from the house entirely.
The Driveway Had Been Relying on a Handshake Agreement
According to the buyer, the disputed portion is a narrow strip running about 20 feet along the driveway. The previous neighbors had apparently allowed the sellers to use that portion of their property through a handshake agreement rather than a formal easement.
That arrangement may have worked when everyone involved agreed, but the neighboring property has since changed hands.
The new neighbors aren’t willing to grant an easement, and the sellers reportedly aren’t willing to work toward securing one either. That leaves the buyer potentially purchasing a property with a driveway that partially extends onto land they don’t own.
The Buyer Says It Wasn’t Disclosed
Another part of the situation raised concerns. The buyer said the encroachment wasn’t included in the property disclosure, despite the sellers apparently knowing about the previous handshake arrangement.
Instead, the buyer learned about it from the title company shortly before closing. When someone questioned whether it had appeared on the disclosure, the buyer confirmed that it hadn’t and said that was one reason they believed they might have leverage to renegotiate the price.
That detail became a major sticking point in the discussion. For some people, the bigger concern wasn’t losing a couple of feet of driveway. It was whether there could be other undisclosed issues with the property.
They Could Still Use the Driveway
The buyer explained that if the encroaching section were eventually removed, the remaining driveway would still be usable and would fit a couple of vehicles parked single file. It would simply be about two feet narrower.
The current neighbors also reportedly said they were fine with the buyer continuing to use the extra portion for now. They simply don’t want to enter into a binding agreement because they may eventually sell their property.
That means there may not be an immediate driveway problem. But the informal permission doesn’t necessarily solve the long-term issue the buyer would be taking on.
A Lower Price Might Not Solve the Problem
The buyer’s purchase agreement allows them to walk away because of the issue, but they wondered whether negotiating a lower price might make more sense.
Some people thought a discount could work, particularly if the buyer determined what it would cost to remove the encroaching portion and make the driveway entirely contained within the property. Others argued that a price reduction wouldn’t change the fact that the buyer would be purchasing a home with a known title issue.
There was also the question of what happens when the buyer eventually wants to sell. Even if they’re comfortable with the arrangement today, another buyer years from now might not be.
As one commenter pointed out, the problem won’t disappear just because this buyer decides to accept it. A future buyer could raise the exact same concerns.
Would You Still Buy the House?
Walking away from a house two weeks before closing isn’t easy, especially after going through the search, offer, inspection, and everything else that comes with buying a home.
But neither is knowingly taking ownership of a problem that belonged to the previous homeowner.
In this case, the buyer at least has options. The driveway could be narrowed; they could negotiate a discount large enough to cover the work, or they could use the provision in their purchase agreement and walk away. What they can’t do is assume the same handshake agreement that worked for the previous owners will last forever.
