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#466433 - 01/12/20 06:52 PM I do not know how to negotiate on my 5 acres. Must have easement driveway
melan Offline
Junior Member

Registered: 01/12/20
Posts: 1
Loc: bc
I own 5 acres of land in Metro Vancouver where real estate prices are expensive. The land is on top of a hill and its surrounded by a government woodlot on the west and north side. I have a south and eastern neighbor. The parcels in that area are 250 feet wide west to east and 850 long south to north. This parcel of land in its subdivision was not developed properly and does not have its own driveway access at this point. The city does not want me to create my own driveway from the southern part where a culdesac is, as I would have to blast lots of rock and it will affect a steep slope bylaw.

The way the city is getting around this issue is that the city wants me to share an easement driveway with the neighbor to the east. The neighbor has agreed to this proposal as he would be able to build a house on top of this hill as well that is on his property. Other wise he is only allowed to build a house on the bottom of his hill if he does not agree to the easement. If he was able to build on top of his hill instead of below it, it would be the difference of 500 thousand dollars of potential profits from what I understand because of the view.

This easement driveway would go up onto his land for about 400 to 500 feet before it would go onto my onto my property. At this point the driveway would take about 50 feet of width on my land near the top before going back onto his land where he would build his house. My access from this driveway would be from the 400 foot mark and it would turn left going west for me. The driveway up to where it would turn left onto my property for access would cost around 150 thousand dollars to create.

Originally, the city asked the southern neighbor if he would give me easement access but he declined. I am thinking I should not make a deal until that lot is developed and sold so that I can ask the new owners if they are interested in an access agreement. This lot access is at the top of the lot where as the house would be built 600 feet to the south.

If both lots decline easement access for myself then I should be able to create me own driveway. If I create my own driveway I will lose about 150 feet a flat land frontage.

I am unsure of how to negotiate on this matter. I am not in any hurry to get this done. I am 39 and probably wont develop up there until I am 55. The city will not let me touch anything on the land until the driveway is done.

The eastern neighbor who wants this opportunity is a millionaire land developer and wants to proceed quickly. He is worried that in the future I will be able to develop my own driveway which will force him to build a house at the bottom of the hill. He has offered to pay for the development of the driveway until I build my own house or sell the property where then I would pay for half the costs interest free he says.

I have tried to negotiate that he should have to pay for this driveway as he is able to build on top of the hill even though I would not be using the driveway for a house for another 15 years.

I am not a business man and so I do not know what I should be negotiate given these circumstances.

Is there a premium that he should pay now that he has an option to build a house on top of the hill?

Should I hire a real estate consulting firm?

Should I contact the the southern property?

Any help would be much appreciated.



Sincerely

Melan

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#466435 - 01/13/20 11:52 AM Re: I do not know how to negotiate on my 5 acres. Must have easement driveway [Re: melan]
Long Walk Offline
Member

Registered: 06/27/08
Posts: 424
Loc: New Hampshire
You have three parts to your story:
1) You need a lawyer first to sort out the legal aspects,
2) Based on the answer from the lawyer, you need a broker or appraiser to tell you what that easement is likely to be worth, and then,
3) You need the lawyer or a real estate broker to negotiate the easement, as may be appropriate.

Let us know how it goes.

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#466436 - 01/13/20 12:00 PM Re: I do not know how to negotiate on my 5 acres. Must have easement driveway [Re: melan]
Bigtoe Offline
Major Contributor

Registered: 10/14/07
Posts: 2415
Loc: Outer Banks
Whatever you do don't burn any bridges that would prvent you from gaining access in the future.

The offer presented to you where your neighbor pays for it now and you reimburse them for half later is the opening round. Now you make a counter offer to them. Then they counter offer back and then you counter offer back until you both reach a mutual agreement. This can all be done verbally until an agreement is made and then you can put it in writing. This person is a developer so is accustomed to this.

You could start by counter offering that you pay nothing or 10% or 20%. It depends on where you want to end up.

Always ask for more than you want so when you settle for less it looks like the other side won the battle. This developer is most likely using this approach with their offer and is willing to compromise somehwere in between. You have to find that place.

Do not make any of this personal as this gets in the way of rational decisions. Do not use his wealth against him as he can use his wealth to spite you. You both have problems that you both can help each other with so a mutual agreement should not be too hard to reach.
_________________________
Your Outer Banks real estate agent. Helping people buy and sell OBX real estate since 1989.

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#466437 - 01/13/20 12:30 PM Re: I do not know how to negotiate on my 5 acres. Must have easement driveway [Re: Bigtoe]
Long Walk Offline
Member

Registered: 06/27/08
Posts: 424
Loc: New Hampshire
Originally Posted By: Bigtoe
The offer presented to you where your neighbor pays for it now and you reimburse them for half later is the opening round. Now you make a counter offer to them. Then they counter offer back and then you counter offer back until you both reach a mutual agreement. This can all be done verbally until an agreement is made and then you can put it in writing. This person is a developer so is accustomed to this.
I am positive that you know this, but to keep things clear for the OP, the problem with negotiating now is that, unless the OP has more information that they haven't shared, it is not possible to know with certainty what the legal landscape is for the proposed easement. The legal considerations could dramatically impact the value of the easement.

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