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

[ZZGAMAZZ]

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.

The subject address is xxxx Pedley Rd but the subject actually fronts unpaved/gravel/dirt 60th St that is perpendicular to Pedley Rd, as depicted in the Plat, about 100 yards from Pedley Rd, with any part of the subject actually fronting Pedley, in Jurupa Valley, which incorporated in 2010. Both County Transportation n City Public Works agree that it is not for public access, previously dedicated but not Public, per County, and now Private and not publicly maintained at present, per City. Borrower says it pre-existed her purchase more than 30 years ago, though neither she nor any other 3 SFRs that front it have ever done more than pull a few weeds. She heard long ago rumor that one of the previous owners "knew sumbody" downtown so ytyhe had the street sign made himself.

 

[ZZGAMAZZ]

Sorry...with NO part of the subject...

 

[Zoe]

Your question is best answered by the title insurance company lawyer. Get their name from the bank. You can throw the question to FHA also but talk that title insurance company. I wonder why County dropped the road as a public road. I would call them too.

 

[ZZGAMAZZ]

Your question is best answered by the title insurance company lawyer. Get their name from the bank. You can throw the question to FHA also but talk that title insurance company. I wonder why County dropped the road as a public road. I would call them too.

The Dedicated County road became a city road when the area was incorporated a decade ago. (Of course the Title lawyer will just call expert Glenn for advice because all informed public and private sources keep him on retainer...)

 

[ZZGAMAZZ]

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.

But even if an easement exists, it is the basis of a private, non-publiclly-nor-privately-maintained street. If so, should the appraiser indicate that the constrained/affected vehicular (and pedestrian) access to the subject results in the property failing to meet MPRs? Even if the scenario is complex to the extent that a higher authority must make that decision, the appraiser remains responsible to indicate whether the property does or doesn't meet MPR. Correct?

 

[Mark K]

An easement has not yet been revealed.

And likely none will be revealed.

Shared drive for over 30 years? If no recorded easement they certainly have a prescriptive easement.

Complete your appraisal, comment on what you know and let them make the decision.

BTW, who owns the road? Someone has to? When a municipality abandons a road, alley, etc. generally the abutting property owners share ownership.. Happens here all the time with old alleys, mostly in small towns.

 

[ZZGAMAZZ]

And likely none will be revealed.

Shared drive for over 30 years? If no recorded easement they certainly have a prescriptive easement.

Complete your appraisal, comment on what you know and let them make the decision.

BTW, who owns the road? Someone has to? When a municipality abandons a road, alley, etc. generally the abutting property owners share ownership.. Happens here all the time with old alleys, mostly in small towns.

Okey Dokey. But I need to determine whether or not it meets MPR's, although I would prefer to defer the decision to underwriting. I literally don't know how to proceed.

 

[Zoe]

And likely none will be revealed.

Shared drive for over 30 years? If no recorded easement they certainly have a prescriptive easement.

Complete your appraisal, comment on what you know and let them make the decision.

BTW, who owns the road? Someone has to? When a municipality abandons a road, alley, etc. generally the abutting property owners share ownership.. Happens here all the time with old alleys, mostly in small towns.

I am surprised residents were not up in arms when they abandoned it. You know the local jurisdiction couldn't just abandon with tax paying citizens without going through some kind of formal process.

We have many abandoned alleys in Memphis. The home owner either maintains the alley behind their property or forgets it. Most are not traveled anymore. Alleys were common in some historic districts locally. The property owner don't use them. Don't care. You could not drive a car down some.

 

[Mark K]

"...report is subject to the owner providing evidence of driveway easement."

Same as subject-to required repairs.

I literally don't know how to proceed.

 

[Zoe]

"...report is subject to the owner providing evidence of driveway easement."

Same as subject-to required repairs.

Idk. The local law in TN says you can't landlock a property. You have to grant access. The jurisdiction will allow the access.

Idk if subject is only property on this road? How many residents on this road?

How was it public and now suddenly private?