FHA: Vehicular Access Via Non-public Road W/out Maintenance Agreement

[ZZGAMAZZ]

So .... much research reveals that the subject's front private street that previously was a County "dedicated road" but without public access is now a "non-public, non-publicly-maintained private road" per the relatively new City. Do I indicate that the property consequently fails to meet MPR, or is that an underwriting decision, or is an EA warranted? (The surface is compatible with FHA standards IMO. I'm waiting on Title to determine whether an easement was recorded, etc., etc.

 

[JTip]

https://archives.HUD.gov/offices/hsg/sfh/ref/sfhp1-15.cfm

don't need rma for FHA.

 

[ZZGAMAZZ]

https://archives.HUD.gov/offices/hsg/sfh/ref/sfhp1-15.cfm

don't need rma for FHA.

Thanks. No evidence yet of easement. Waiting in title report

 

[glenn walker]

Time to take another FHA Class how do you do them for 25 years and still not know ? In Riverside County ? Dirt roads everywhere in some areas -especially Riverside County - LMAO

 

[ZZGAMAZZ]

Time to take another FHA Class how do you do them for 25 years and still not know ? In Riverside County ? Dirt roads everywhere in some areas -especially Riverside County - LMAO

An easement has not yet been revealed.

 

[Dublin ohio]

I'm waiting on Title to determine whether an easement was recorded, etc., etc.

Who "owns" the road. Why would there be an easement. Did each property owner on the private road get a share of it?

 

[Overimprovement]

If easement does not exist, and access road not owned, then its not just an FHA issue, its a lending issue period. No lender will take that on. Definitely let client know.
Not our job to do courthouse research on easements/survey type issues. If lender won't supply that, then state what info you have and let them decide.

Some states will not allow a dwelling to be land-locked, but each jurisdiction is different.

Who "owns" the road. Why would there be an easement. Did each property owner on the private road get a share of it?

I have seen 'shared' driveways, both with and without recorded easements. Sort of like an HOA that owns the sliver of land the road is on. Have also seen one person own the entire access road to subject's driveway, with an easement allowing use. Again, those can be recorded or not as well. Really fun when they are not recorded. Or there could be no easement at all. Real fun those are.

These can all be a cloud on title.

 

[jay trotta]

If easement does not exist, and access road not owned, then its not just an FHA issue, its a lending issue period. No lender will take that on. Definitely let client know.
Not our job to do courthouse research on easements/survey type issues. If lender won't supply that, then state what info you have and let them decide.

Some states will not allow a dwelling to be land-locked, but each jurisdiction is different.

I have seen 'shared' driveways, both with and without recorded easements. Sort of like an HOA that owns the sliver of land the road is on. Have also seen one person own the entire access road to subject's driveway, with an easement allowing use. Again, those can be recorded or not as well. Really fun when they are not recorded. Or there could be no easement at all. Real fun those are.

These can all be a cloud on title.

Exactly, a legal problem, which is of course beyond our expertise.

OP: "front private street that previously was a County "dedicated road" but without public access is now a "non-public, non-publicly-maintained private road" per the relatively new City."

 

[Tom D]

so your saying they now have to drive over someone's lawn to get to a public road? was the private gravel/dirt or paved. the defunct front private st is how long, did it have public access when a dedicated road. city slicker appraiser, i'm having trouble visualizing this.

 

[JTip]

Google maps, timeline, prescriptive easement