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Driveway Access To Current Owner But Not After

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Valueseeker

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May 19, 2016
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Certified Residential Appraiser
State
Massachusetts
Hello all,

This is a driveby 2055 and after inspection I noticed that the house's driveway (subject is in yellow but driveway is on the left) would have no room unless it was an easement on the other property.

The current owner on the right used to own the property on the left and had sold it with a right to use the driveway. It would take nothing more than repaving on the other side of the house to make a driveway within the subject;'s site.

My question is would this house currently have no driveway? she cant sell it with that access from what I gather from the deed. Any input would be greatly appreciated. deed.png
This is not on the subject;s deed but the neighboring deed.


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Michigan CG

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Michigan
What does the subject deed say about it?
 

glenn walker

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Oct 11, 2006
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State
California
She can sell it but the easement may not be usable BUT it looks like a large lot so installing a driveway would not be a super expensive project unless the new owner wanted something like stamped concrete. Anyway I would not worry about it especially since it's not a sale.
 

Artemis Fowl

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Certified Residential Appraiser
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Michigan
So the owner of the subject sold the adjoining parcel with an access easement for themselves...right?
Worded such that the easement expires with ownership?

Is there another way to access the subject parcel other than the main road to the south? An alley or cross street? Can't tell from your map.

The expense of adding a curb cut and driveway would need to be accounted for (EDIT: depends on the market). Perhaps that was the motivation of the original owner's easement wording...they didn't want to pay for it and let it be the next guy's problem. Seems that was poorly thought out as it is likely a negative value influence.
 
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Valueseeker

Junior Member
Joined
May 19, 2016
Professional Status
Certified Residential Appraiser
State
Massachusetts
So the owner of the subject sold the adjoining parcel with an access easement for themselves...right?
Worded such that the easement expires with ownership?
yes. @Michigan CG , no mention of it on the subject deed. some homes in the area do not have a driveway. Unfortunately none of my comps had I had chosed did. Im hoping I can call it a 1 car driveway as although the right of way would expire upon a sale, there is space to do it.
 

Artemis Fowl

Senior Member
Joined
Mar 16, 2004
Professional Status
Certified Residential Appraiser
State
Michigan
yes. @Michigan CG , no mention of it on the subject deed. some homes in the area do not have a driveway. Unfortunately none of my comps had I had chosed did. Im hoping I can call it a 1 car driveway as although the right of way would expire upon a sale, there is space to do it.
Without curb cuts you appear to be looking at street parking. Curb cuts provide access to a driveway. I'm speculating without all the details.

Sale or refi or whatever does not matter if the definition is Market Value.
 
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J Grant

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Dec 9, 2003
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State
Florida
She can sell it but the easement may not be usable BUT it looks like a large lot so installing a driveway would not be a super expensive project unless the new owner wanted something like stamped concrete. Anyway I would not worry about it especially since it's not a sale.

But it's always a "sale"...for appraisal purpose of market value development....which is based on a hypothetical sale ( most probable price the subject should bring on the open market )


It drives me crazy when I see people say things like it does not matter because it's a refinance...any issues about a refinance would be differentiating a value in use to current owner vs market value of the property as transacted on the open market.
 

Artemis Fowl

Senior Member
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Mar 16, 2004
Professional Status
Certified Residential Appraiser
State
Michigan
In my community...curb cuts need plans and approval by engineering dept. Costs are minimal (couple hundred bucks).
So likely you need to determine the effect of street parking vs. private driveways for your market. Bonus points for figuring out what is involved with adding curb cut (which may or may not be approved). As-is would contemplate street parking but an access discussion may be prudent for your appraisal problem.
 

glenn walker

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Joined
Oct 11, 2006
Professional Status
Certified Residential Appraiser
State
California
J Grant and Artemis are correct it's always a "sale"...for appraisal purpose of market value. What effect does no driveway have on value in this neighborhood ? How much would it cost to cut a butterfly in the curb and pour a driveway ? Are there other comparables with no driveways ? now the appraiser has to try to extract an adjustment and be done but there are a lot of assumptions. If I was appraising the property I would speak with local agents and get their opinions on buyer action regarding this issue and a few local contractors to get an idea of what a new driveway would cost.
 

Valueseeker

Junior Member
Joined
May 19, 2016
Professional Status
Certified Residential Appraiser
State
Massachusetts
Ok Thanks guys. Some sales have no driveways. This is an old 1880-1910 year old developed neighborhood. Some lots dont have a driveway. I can slap one in the grid. I just wasnt sure if I had a driveway or not. The rear of the house has a driveway but the access is through the neighbors lot. Building inspector I spoke to said they could cut in a driveway if they wanted on the other side of the home
 
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