Easement/Property Value question

[The Warrior Monk]

Obviously take the advice of your attorney. The situation you describe sounds like you have an implied easement, prescriptive easement, etc. (depending on circumstances and/or the terminology used in your state). Many lenders will not lend on such a property because the easement it is not in writing, which can cause title problems down the road.

As far as finding an appraiser, there are plenty of appraisers that have experience in this area. I would suggest calling an appraiser with who has a Certified General credential (commonly known as a "commercial" credential). Many appraisers with residential credentials are not familiar with the appraisal of easements/damages/etc. You can start here:

http://www.oregonappraisers.org/members.html

Even if the particular person you call does not appraise such properties, they may be able to suggest someone. You might also try calling the local planning department or department of real estate acquisitions at the village/town/county office. They often deal with development rights, easements of various types, etc. and typically have a list of approved appraisers that they use.

Best of luck!

 

[karenstandefer]

Your best source for the information you are seeking would come from a real estate attorney in your area that has expertise in your specific situation, i.e. easements and "casual use" permits. Also he/she needs to have expertise in deciphering title policies.

At the point all the legal issues are settled is when your attorney would get an appraiser involved in any opinion of value.

I have a good attorney. I need an appraisal for several reasons. One is not related to the legal issue with the Title Company. So, what I'm hearing is that there are NO appraisers that deal with this sort of thing?

 

[The Warrior Monk]

There are plenty of appraisers that deal with this type of situation (I'm one of them). It's just that not every appraiser does, and randomly calling appraisers might not be fruitful.

 

[karenstandefer]

David! Thank you so much! I have been to the county. I'll try the commercial route.

Karen

 

[Rick Kulman]

Karen

You need an appraiser who is versed in eminent domain / condemnation and land use litigation. On the Appraisal Institute web site www . appraisalinstitute . org [remove spaces] go to Find an Appraiser, click on Advanced Search then Oregon and under Ownership forms select Access Rights then Search. Also contact the Oregon Chapter of the International Right of Way Association www . irwachapter3 .com [remove spaces] These should give you a starting point to find an appraiser who can assist you. You and your attorney should also get appraiser referrals from attorneys who specialize in this area.

The laws vary from state to state with regard to accessing “landlocked property.” A quick Google search ACCESS LANDLOCKED PROPERTY OREGON provides links on the topic and even cites a 2010 Oregon Court of Appeals decision - A 13880 Petroff v Williams which discusses Ways of Necessity and refers to the governing statutes ORS 376.150 to 376.200. These will most probably have to be reviewed in the preparation of the appraisal.

Good Luck!

 

[JamesRockford]

I have a good attorney. I need an appraisal for several reasons. One is not related to the legal issue with the Title Company. So, what I'm hearing is that there are NO appraisers that deal with this sort of thing?

Ask your "good attorney" for an appraiser referral. If he deals in real estate law he will probably know a few that specialize in exactly what you need.

 

[karenstandefer]

Ask your "good attorney" for an appraiser referral. If he deals in real estate law he will probably know a few that specialize in exactly what you need.

Thanks, James. Our area is small enough that we have no appraisal specialist of the type that can help. They will have to come from the Portland or Eugene area.

My attorney is not involved in the situation between me and the LRAPP program. He is involved in getting the Title Policy to either pay up or fix the issue. So, his interest, at this point in the process, is not to have the property appraised, but rather to deal with the legal issues surrounding the lack of easement and the fact that the title company failed to recognize the issue.

It's very complicated and difficult to keep all of the parts and pieces separated. I do have it clear in my mind, though.

Thanks for your help.

Karen

 

[leasedfee]

Karen, the nuisances of the legalities is important for the appraisers to understand as we appraise real property rights and interests, ultimately (and not houses or warehouses as the public and most appraisers mistakenly think). That is why the prior posters were asking you many legal questions.

As other said, go to the Appraisal Institute find someone who is familiar with eminent domain. Better, the Oregon's highway department's appraisal department will have an approved appraiser list and that may be vetted way of selecting someone with these skills.

I respectively disagree with Mr. Wimpelberg, you cannot get an easement by prescription from the government, and no you don't have an easement. What you need to familiarize yourself with is Right-of-way of Necessity (laws for curing landlocked parcels). Each state varies according to statute and case law -- from strict interpretation to liberal interpretation of what rights can be given to solve the landlockee's problem. Appraisers have to be versed in this for competency otherwise the value problem cannot be solved. The appraiser is then challenged to determine (a) value of the landlocked parcel, (b) right-of-way of necessity, (c) hypothetical value as if not landlocked. You solve the RON through a Quiet Title court case. Such a case costs $50g or more -- yikes -- so now you get to duke this cost out with your title company. This is why title companies exist, to convey clean merchantable title.

Your real estate problem is against property rights held by the federal government which throws a legal wrench in the normal RON QT procedures (this isn't a Teaparty/99% anti-fed rant). The federal government is legally sovereign to state laws (e.g., the federal government does not have to follow city zoning laws). You would have to sue in a Federal court and not a state court and then the State's RON QT procedures may not qualify. HOWEVER, before suing anyone (just like in regular life), it would be best to resolve this using normal policy and procedures by talking to their landmen (that's the informal title of the job description or formally called "realty specialists"). They may be able to make an regulatory exception via the Code of Federal Regulations (CFRs) and in accordance to land deposition policies in the Yellow Book. It is a slow process. Document, document document; who you called; time and day; what was discussed. Think of this as taking a graduate level class in real estate -- when life gives you lemons, make lemonade.

Lastly, the peculiar challenge in your case is that you DO have some type of legal public access (not an easement) and the appraiser and attorney needs to get their head wrapped around that question, too. Then maybe you can solve the mortgage problem.

 

[Jim Onderisin]

Karen: Try contacting the Appraisal Institute (AI). You can search the web for their site and contact information. Explain your situation and ask if they can help you locate an area appraiser with experience appraising the type of loss you believe you've suffered. They'll point you in the right direction. Alternatively, you can search the AI site for appraisers with specific experience yourself using the "find an appraiser" function.

 

[Webbed Feet]

confused

I'm confused. Karen's posts leave some seriously unanswered questions.

She states that the original owner, now deceased (I don't think she meant now diseased), sold an easement involving something to do with half a mile of private road. He did not sell the BLM the land, and we have no idea what that easement the BLM received was for.

Who today owns that half mile stretch? Why would the original owner have to reserve an easement for himself to land he is not selling, owns, and is using? I cannot help but believe something is not being posted correctly by Karen.