Survey 1st step to transfer deed on neighbor’s dirt driveway

Question: Eight years ago we bought a home in a new subdivision of Queen Creek. Since that time we have been using a dirt driveway from the main road to our garage.

In order to get a building permit for a swimming pool in our backyard, we recently got a survey of our property. The survey showed that our dirt driveway is located on our neighbor’s property.

Our neighbor is very nice and said that he is willing to give us a deed for this driveway. Do we now need to get a survey of just this dirt driveway?

Also, our neighbor inherited his home from his parents, whose names are still on the deed. What do we do? Help!

Answer: One, you will need a survey to get the legal description of the dirt driveway on your neighbor’s property. This legal description of the driveway should be attached as an exhibit to the deed to you from your neighbor.

Two, you will need a title report from a title-insurance company to confirm that this title-insurance company will insure your ownership of the driveway when you sell your home.

The title company may have requirements. For example, a title-insurance company may require a probate of the estate of your neighbor’s parents and may also require the consent to the deed from the mortgage lender that financed the purchase of your neighbor’s home.