Public vs private road (yes, again.)

[stangtime]

Have a lender requesting the report be changed to say the road is public.

The 'road' is about 1/4 mile long, gravel, feeds four homes, crosses over a storm drainage easement ditch with side rails, is narrow (say about 18'), is covered on both sides with thick trees, and is fed off of a paved asphalt 50' wide upscale development road.

The plat (that was included in the report) shows it as a shared access road.

In my view, and how I've handled things for 20+ years, this is a private road.

There is no maintenance agreement on file either.

So...checking in with my peers here... If I'm in the wrong, let me know.
Many thanks,
Dan

 

[Pittsburgh Pete]

Is your "road" a road or a long shared driveway?

 

[hastalavista]

Is your "road" a road or a long shared driveway?

Sounds like a shared driveway to me... and in my markets, sometimes the owners that share the driveway give it a name anyway (put up a private street sign, etc.).

Where I work, if the road is maintained by a public agency (city, county, etc.) then it is "public". If not, then it is private.

Who is responsible for maintaining the road? I'd rely on that to address the question.
(public access on private roads does not make the road...or driveway... a "public road" IMO).

 

[Walter Kirk]

Does the "road" appear on the official map of the municipality?

 

[stangtime]

I appreciate the replies. I agree, Denis, completely - that is my criteria as well. If the county or state maintains it, then it's public. If they do not, it's private.

I don't view a road/shared driveway/path as public just because anybody can use it, or that it serves multiple lots.

This road/shared driveway is not maintained by the county or state.

Regardless of it being classified as a "shared driveway" it comes down to maintenance in my opinion.

Dan

 

[ucbruin]

Has the road been accepted by the town/city?

 

[stangtime]

The road is not maintained by the county. I've spoken with the county and was told clearly, "...that's not ours."

Dan

 

[ucbruin]

If the "road" is a road and not some type of easement then I'd lean toward private.

 

[VegasWayne]

Does your county have GIS mapping available online? My county has mapping available on their website that shows zoning and whether the street is public or private. A screenshot would settle the matter with the lender.

 

[hastalavista]

I appreciate the replies. I agree, Denis, completely - that is my criteria as well. If the county or state maintains it, then it's public. If they do not, it's private.

I don't view a road/shared driveway/path as public just because anybody can use it, or that it serves multiple lots.

This road/shared driveway is not maintained by the county or state.

Regardless of it being classified as a "shared driveway" it comes down to maintenance in my opinion.

Dan

I hope this is a case of the UW just not understanding the situation correctly and another explanation by you, Dan, will clear it up.

Otherwise, the suspicion is that the lender is trying to force the "public road" classification on the subject property to avoid requiring the private maintenance agreements; which some investors mandate must be recorded.

In absence of any information to the contrary, I'd stick with your original identification.

Good luck!