2 Cottages

[Daystar]

I am appraising a property that has 2 homes on 1 parcel, the site goes street to street. The rear street is a paper street that has not been opened, a portion of the home, less than a foot is encroaching on the paper street, any suggestions on how to tackle this?

 

[Mike Kennedy]

Where.........would be a good place to start....?

 

[The Warrior Monk]

Some paper roads never get opened, and what happens to them depends on where they are. For instance, segments of the old paper roads on the urban renewal maps out in East Hampton are purchased by abutting owners. It's best to check with the planning department of the Town/Village to see what the deal is paper road.

 

[Daystar]

Thanks for your reply, Its in the town of Brookhaven. The answer from the town was "the road would probably never be opened, however without it being abandoned they always will have the right to open it", There are adjoining owners that also have this paper street behind there houses, so an abandonment by the owner is not so easy as the paper street runs behind about 15 houses.

 

[The Warrior Monk]

The answer from the town was "the road would probably never be opened, however without it being abandoned they always will have the right to open it",

I'm just curious...did you go down to the planning department yourself, or did you pick up the phone? Phone calls usually mean generic answers. I always go down in person if an issue needs to be resolved. In person, the planner will usually go the extra step up digging out paperwork to see if anything regarding the paper road or encroachment exists.

There are adjoining owners that also have this paper street behind there houses, so an abandonment by the owner is not so easy as the paper street runs behind about 15 houses.

I'm no legal expert, but I believe it is the town that abandons the road (in the case of a never-opened, town-owned, paper road).

 

[Mike Boyd]

I can see several solutions. However, unless you are asked something to the contrary by your client, mention the encroachment and move on.

 

[Daystar]

My concern is measuring the effect on value, The abandonment of the road is an entirely different issue. the procedure as I know it would be for an owner to request from the town an abandonment of the road, this requires approvals from all utility companies and other adjoining owners, it is then deeded equally to adjoining property owners. Its a tedious and long process.