Private or Public Streets?

[Vegan702]

I have always gone under the assumption that the streets in a gated community are private streets and as such maintained by the association, unless there was some other agreement with the local government authority to assume that responsibility. Up until this time I have never been questioned on this, but now I have. I have attached a deed from the same community as my subject property which discusses the easements, etc. What is your conclusion regarding whether the streets are private? This property is located in a gated subdivision in a large master planned community.

 

[Sierra Dale]

I believe it states private. If in doubt call the planning commission or the assessors office.

 

[Webbed Feet]

My conclusion is, when in doubt, I always call the J.A. involved and ask if the streets are public or private. I may call an officer of the H.O.A. and ask. What I don't do is assume.

 

[Sierra Dale]

In Reno if on the assessors plat map the parcels overlap were the street is, it is private. All of the gated communities I have seen are private.

 

[Caterina Platt]

Vegan,

Certainly reads like the access is private to me. If your public offices are slow on response time like mine are, I'd also look at the association documents and the declarations of exactly what the HOA fees go toward. If maintenance of the streets is mentioned, BINGO, Private.

Another source of help may be the title company.

 

[Ken B]

I am aware of no public street which could be gated and thereby exclude the public from access.

The deed states the streets are private.

 

[The Dog]

As they used to say: Let your fingers to the walking. Phone call to the appropriate authorities will clear this up fast.

 

[The Dog]

Vegan,

If maintenance of the streets is mentioned, BINGO, Private.

Another source of help may be the title company.

Not necessarily. Number of subdivisions in my area are public roads, PRVATELY MAINTAINED. Heck, I lived in a 10 lot subdivision of 5+ acres where the access road was public, but we all had to maintain it (pavements, gutters etc)

 

[Caterina Platt]

Not necessarily. Number of subdivisions in my area are public roads, PRVATELY MAINTAINED. Heck, I lived in a 10 lot subdivision of 5+ acres where the access road was public, but we all had to maintain it (pavements, gutters etc)

Well, then you bring in another wrinkle. Dangit, Dog! This is not a crowd that needs more wrinkles. :new_smile-l:

But seriously, there are a couple aspects that the lender/note holder should be concerned with in terms of public vs. private access. Maintenance is certainly the one we hear about most, but the long term certainty that the ingress and egress will always be allowed uncontested is another. The reason I say this, is legal or not, private easements have been known to be contested in court and blocked off from time to time. Makes lending and selling very messy while it's in process.

Publicly owned vs. Publicly maintained. Good point that they don't always come together.

So, do you check both boxes and explain in your subdivision's example?

 

[VegasWayne]

The plat for the property attached in the original post is available from the county assessor's website and it states that the streets are private.