Encroachment?

[conwayblue]

I am appraising a sale transaction of the subject property.

An adjacent property to the subject is landlocked and uses the driveway of the subject property for public road access. Per owner there is no driveway easement for the neighbor.

Is this an encroachment? What disclosures / requirements do I need to make here?

 

[zdfenton]

That's not an encroachment, IE none of our improvements impede their parcel.

The neighbor seems to have an easement on the subject parcel.

So if you're doing a Fannie form the question in the site section "Are there any adverse site conditions or external factors" should be checked yes with an explanation.

I would check with the governing municipality if there is an easement on record.

 

[conwayblue]

As stated, the neighbor does not have an easement to use the driveway.

 

[CANative]

The subject property doesn't need an easement so there should be no problem with this assignment. I'd describe just for the record. Explain that there is a shared driveway.

 

[Jerry Bone Jr]

Per owner there is no driveway easement for the neighbor.

Better figure this part out. "Per owner" doesn't cut it.

 

[Noreen]

Are deeds public record in Arkansas? If this were NH, I would look at deed for properties sharing driveway and subject to see what is referenced? Every state has it's own law.

 

[Webbed Feet]

I am appraising a sale transaction of the subject property.

An adjacent property to the subject is landlocked and uses the driveway of the subject property for public road access. Per owner there is no driveway easement for the neighbor.

Is this an encroachment? What disclosures / requirements do I need to make here?

Private Road Access and Maintenance
Address private road access in site area under “off-site improvements”. Private streets must be protected by permanent recorded easements or be owned and maintained by a HOA. Shared driveways must also meet these requirements.

You guys are killing me. This question is in the FHA/HUD section of this forum.

And appraisers should know what an encroachment is and is not.

 

[PropertyEconomics]

I would nearly bet the subject owner does not own the driveway but there is an easement serving both theirs and the adjoining property and they equally must maintain the "road" ....


A final question ... HOW did one become CERTIFIED RESIDENTIAL without understanding what an encroachment is??????????

Im telling you ... mentoring and education these days S U C K S!!!!

 

[edward sekerak]

Get a copy of the deed and read the deed. "Per owner" does not confirm anything.

 

[Michigan CG]

NOT INTENDED FOR THE OP, but this happens every day and Skippy just overlooks this.

Is this an encroachment? Is there an easement? Could this be a case of Adverse Possession? Do you need a deed? How do you get the deed? Do you live in an area where it takes driving for 60 minutes to get the deed and then pay $10 to get the deed?

Make your client supply the legal and know how to read it. OOPS, $8.00/hour Haji can't find this and wants the appraiser to do this.

I agree with PE...there is most likely an easement.

Fee is now $800.