• Welcome to AppraisersForum.com, the premier online  community for the discussion of real estate appraisal. Register a free account to be able to post and unlock additional forums and features.

Public or Private Street?

Status
Not open for further replies.

Tim Hicks (Texas)

Thread Starter
Elite Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
Texas
I had an appraiser buddy call me today with a question I thought I knew the answer. He just did an appraisal in a gated addition and checked "private" in the street, curbs, gutters, etc. boxes. The lender is making him change it to "public". I don't agree. The lender says that the city still services these items and that makes it public. I say, you put a gate up that does not allow public access, then it is "private". Plus, if these are public streets, how does the city get access to service them. Then he mentioned an established addition next to his office that has always had open access, but is now gated with a guard. It was "public" and is now "private" but the city built the streets, so shouldn't they service them. What say ye? I suggested checking with the city, but that could get you any answer depending on who answers the phone.
 
Joined
Jan 13, 2002
Professional Status
Retired Appraiser
State
Florida
HOA by-laws. Are the streets included in the maintenance by the HOA?
Usually, gated community streets are private.
 

Jo Ann Meyer Stratton

Elite Member
Joined
Jan 16, 2002
Professional Status
Certified Residential Appraiser
State
Arizona
A private street, curbs, gutters, walks, park, etc is owned by an individual or a corporation or an association and the most important indication is that they pay taxes on that street since it is private ownership and the private ownership has to maintain the street. Taxes=private

If title to the street or road, curbs, gutters, walks, park, etc is with a tax exempt governmental entity then it is a public street, government agency maintains the street. No taxes=public
 
A

Anonymous

Guest
Check the official map for the municipality. I know of several gated public streets in this area.
 

mikegoff

Sophomore Member
Joined
Jan 28, 2002
Professional Status
Certified General Appraiser
State
Florida
Gated communities that RESTRICT public access are private. Ownership is in Homeowners Association or developers name(check county tax roll). Many private homeowner associations have agreements for maintenance with governmental agencies, but the ownership is still private. Don't confuse ownership with maintenance/services.
 

Francois K. Gregoire

Senior Member
Joined
Jan 14, 2002
Professional Status
Certified Residential Appraiser
State
Florida
I had an appraiser buddy call me today with a question I thought I knew the answer. He just did an appraisal in a gated addition and checked "private" in the street, curbs, gutters, etc. boxes. The lender is making him change it to "public". I don't agree. The lender says that the city still services these items and that makes it public. I say, you put a gate up that does not allow public access, then it is "private". Plus, if these are public streets, how does the city get access to service them. Then he mentioned an established addition next to his office that has always had open access, but is now gated with a guard. It was "public" and is now "private" but the city built the streets, so shouldn't they service them. What say ye? I suggested checking with the city, but that could get you any answer depending on who answers the phone.

Tim,

Not sure of how things work in Texas, but I can tell you in my part of Florida GATED does not necessarily equal PRIVATE. In my county, Pinellas, there is at least one gated community with all public and city maintained streets. Across the bay in Hillsborough County several homeowner's associations have built entrance gates to restrict entrance to their subdivisions with public streets.

The streets became public when the plat to the subdivision was recorded and the streets were dedicated to the county. In Florida ownership of the streets can be determined by examination of the plat, deed restrictions, covenants or title insurance policy. You may have other means in Texas.

Lenders are concerned with street ownership for a variety of reasons including maintenance agreements, continued access, marketability, etc.
 

Restrain

Elite Member
Joined
Jan 22, 2002
Professional Status
Certified General Appraiser
State
Florida
Some cities, including Ft. Worth, have started allowing a subdivision to gate a public street. In other areas, the streets are public maintained but in a gated subdivision from the get-go. I don't know how they get away with it, but it's happening.

Roger
 

Mike Garrett RAA

Elite Member
Gold Supporting Member
Joined
Jan 14, 2002
Professional Status
Certified Residential Appraiser
State
Colorado
I live on a cul-de-sac (no gate) and the streets belong to the HOA not the municipality. No hard fast rules on this, check with the city to see it it owne or not.
 

Judy Whitehead (Florida)

Senior Member
Joined
Jan 20, 2002
Professional Status
Certified Residential Appraiser
State
Florida
We also have gated communities with public streets...no hard and fast rule here. huh?
 

jtrotta

Senior Member
Joined
Jan 16, 2002
We believe that when the origination of the sub-division is begun, the town is the owner and then mandates how the streets will be built; IE-curbs; gutters & storm sewer, and how thick the pavement will be. A road bond is posted by the developer and when all is said and done, if the association (gated community) wants to maintain it as a private road, the municipality can release it, with all the stips. for it's privatization.

If it is taken as a private road, then the means for maintenence must be established. along with proof of liability, (usually a separate umbrella liability policy), all is noted somewhere within the town municipal office.
Just deserts for everyone :wink:

No really just deserts for everyone, Garretts -buyin :lol: :lol: :lol:

8)
 
Status
Not open for further replies.
Find a Real Estate Appraiser - Enter Zip Code

Copyright © 2000-, AppraisersForum.com, All Rights Reserved
AppraisersForum.com is proudly hosted by the folks at
AppraiserSites.com
Top

AdBlock Detected

We get it, advertisements are annoying!

Sure, ad-blocking software does a great job at blocking ads, but it also blocks useful features of our website. For the best site experience please disable your AdBlocker.

I've Disabled AdBlock
No Thanks