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Planning and Zoning Commission <br />Minutes <br />October 11, 2022 <br />Mr. Hudspeth does not know that it matters, do you have a legal right of way to that driveway? <br />Ms. Barnhill said we were told that he was not going to do that when we bought the house. She <br />does not think there was anytype of agreement. She knows there was some kind of easement <br />agreement, is that right? (to Mr. Barnhill) <br />Mr. Barnhill said there is nothing. <br />Ms. Barnhill said we bought it and he never showed up. We thought that we could discuss <br />buying it. When we finally met him last year (the brother), he said we could have this property <br />for $20,000. We were going through financial trouble and could not buy it and now he is saying <br />in order to get rid of him it is going to cost us $80,000. We paid$180,000 for the house, do you <br />think we can come up with $80,000 for the rest ofour yard? <br />Mr. Paxton said when you purchased the property, did you know there was an easement there? <br />He is sure someone advised you. <br />Mr. Barnhill said yes,we did know. We always assumed we would be able to purchase the <br />property because we were toldthat you could not buildanything on it.They told us the family <br />history and what happened. His intent was to always to buy it. <br />He was goingto buy it earlier this year and he and his wife split up and his lawyer told him to <br />hold offuntil we got everything settled.A couple of months later he starts moving stuff around <br />and tells me that he has sold it to someone. <br />Mr. Hudspeth asked if he hasan easement tothe driveway through your property? <br />Mr. Barnhill said no, he does not have an easement through ours. <br />Ms. Barnhill said we will have to completely build a driveway through our front yard instead of <br />going around the side. <br />Mr. Barnhill said right now, Mr. Lewis does not have a legal entrance. He has to cross my <br />right now, that is how he is getting <br />onto the property. <br />Ms. Susie Morris, Planning and Zoning Manager, addressed the Board saying to clarify,right <br />now,the access for this particular piece of property,it mentions thisright of way (showed on <br />diagram). There is no recorded right of way. This property also has frontage on 24/27, there is <br />not adriveway there. <br />The property that these folks live on is actually in the Town of Midland. Doing the deed <br />research, Mr. Collins did find that this one mentions the 60 foot right of way andthenthisalso is <br />9 <br /> <br />