What is the name of your state?Pa. Here is my question- We are buying an old farm house and it was very recently part of a completed sub division by the seller to carve out what we are buying from the rest of his surrounding property. There was also a survey done and pins placed according to the defined property lines. The neighbor thinks she has an easement- that she thinks follows the property that allows shared use of a driveway and some other small parts of what we believed was what were buying-free of any easements. The local recorder of deeds in Berks County was extremely helpful and sent me all kinds of previous easement info-I read them word for word- MY background is in contracts- just not real estate contracts-there is a clause describing what she believes to be the easement rights she has when they bought the house next door. However, what I read was heirs and assigns to mean-per googling to mean anyone who inherits the land or rights or who otherwise acquires the land FROM the person to whom the easement is granted. It further says from my research that that means- the party to the original agreement can then sell it or will it to his or her own heirs- the neighbor is not an heir- is not related in any way any of the parties of the original agreement and she told me they bought their property as a foreclosure. Lastly, the words successors and assigns is in the paragraph- My friend google- says-that means-a 3rd party that either acquired the ground or merged with one of the parties to the agreement- she never merged to my knowledge with one of the parties to the agreement- does she have any valid claim in your opinions? I also don't want any liability if anyone in her family gets hurt on property we will own and have to deal with a homeowners insurance issue- We want to fence off every square inch of what we believe we own- to allow our 2 dogs to run and to keep them within our legal boundaries.
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