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Private Roads

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Rufus

Junior Member
Joined
Apr 3, 2008
Professional Status
Licensed Appraiser
State
Indiana
I'm doing a field review (form 2000A) and need to view the original comparables from the street per item 1 on page 3 of the form. Usually, no problem there but two of the comparables are located on private roads. My question is, do I have a legal right to drive these private roads in order to get the picture I need? I'm asking in case of confrontation with a homeowner.
 
You do until you get caught and the owner of those roads decides to prosecute you. Chances are, you are not worth their time or money. I drive them and claim ignorance.
 
Rufus,

Where is this? Is the area gated, or just privately owned streets?

Unless you have to deal with a gatekeeper, you should be fine.

Typically, I'll drive past the house I'm looking to shoot and scout it for homeowners, then circle back. Take the pix last then scaddle. I doubt you'll be worth their time.

If all else fails, plead ignorance, like Joker said.
 
Where is this? Is the area gated, or just privately owned streets?

Central and southern Shelby County. PR Wrenbriar Ln and PR Blackhawk Hills Dr. From the aerial photos neither appear to be gated.

I gather from the gist of the responses that it is in fact illegal to travel these roads. In which case I would take a photo of the street sign and then supply an MLS photo. State law would trump verbage on the Fannie Mae form. Right?
 
No, you should be ok as I have been on these type of lanes also. They can be accessed by the public but these roads are privately maintained by the owners. This has not been a problem for me in the past. Now private lanes driving up to a home that is not viewable from the street may be another matter.
 
No, you should be ok as I have been on these type of lanes also. They can be accessed by the public but these roads are privately maintained by the owners. This has not been a problem for me in the past. Now private lanes driving up to a home that is not viewable from the street may be another matter.
Thanks.

This morning is the day for all the comp pics. Five original comps plus the seven I've selected so I will be driving in Shelby County for a couple of hours. At least it is a beautiful day for it.

I've decided to 'risk' it on the private roads. From the aerial photos and the original appraiser's pictures, the dwellings will be visible from the private roads without going up any private lanes (driveways).
 
Rufus, We'll miss you!
 
Rufus, We'll miss you!
Ah, gee. Thanks. :blush:

I survived quite well. Did not meet anyone. In all my years of doing this, I've only been confronted about three or four times. I know being on a public street I have a legal right to be there and to photograph anything I can see from it, well with the exception of military and government places, but I don't appraiser them anyhow.

Turns out my three main comps were pretty much model matches to the proposed subject and I didn't need my other four plan B comps. Original appraiser was roughly 18% high.

Report is out the door.
 
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