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Seller has no road maintenance agreement.

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Doug in NC

Elite Member
Joined
Jan 17, 2002
Professional Status
Certified Residential Appraiser
State
North Carolina
What are the implications of a property being located on a private street and there is no formal road maintenance agreement? I suspect it will be very difficult, if not impossible, to sell and mortgage a property with this deficiency. Can't imagine it's possible to attempt to value this condition. Hypothetical condition that the property will obtain a solution to the road maintenance dilemma prior to sale?
 
I don't think you need to worry about that. Most realturds and their clients wouldn't know the difference. I do many properties with a similar situation. Most municipalities (county, city) have a road department and if they have no record I just explain it in the comments section. If you have done everything you can to verify the condition then just Disclose and Disclaim.
 
I'm sure it's in your civil code that property owners benefitting from a private road must share in the maintenance. It's a civil matter that I doubt would have any affect on the property's value or marketability.
 
Fannie's rules are different that FHA, and many lenders have there own ideas. You're not making the loan, so why worry about it.

If it's a private road, discuss the condition, accessibility by emergency vehicles, and who maintains it, and who pays for that.

Also, I've been asked for the acceptability of the private roadway in the market.

I don't feel the existence of an agreement is the issue for us when considering value impact, rather, the quality and condition of the road.

In some of my markets, we have, what started as private driveways, that now have 3,5 homes on sites that have been split, and there is no actual road, only a right of way, or some times an actual recorded easement.
 
If it's the only road like that, and others are maintained or managed under contract, the unlucky owner may get slammed with a special assessment road charge one day.

And it's not like it will be an optional charge either. That issue could fall under your E&O because it's in the realm of due diligence.

You call the assessor and ask about the likelyhood of special assessment for roads, if it goes on elsewhere, etc, etc. Some places you have to worry about it, others not.

It's when the road is necessary for access to more than 1 property that special assessment can become an issue. Also apparent in areas of changing use towards more density. Eventually everyone is expected to have sidewalks and streetlights, and gutters of some sort. Like Glen said, that can turn into many things, but often is right of way and easement issues. Typically someone will be the hero with a snow plow or tar fill bucket or something to keep the roads nice for themselves. Sometimes though, you don't get such great community interaction, and assessments become levied via complaints to the county.

The implications of an unusual access is limitation of the potential buyer pool and possible extension of reasonable marketing period. For one guy it's a value in use issue, for the next guy it's an impossible challenge they can't accept.

In CO, those issues are front and center in some areas, because of the changing seasons, and snow. Roads private maintained can be treacherous to drive on. We've got some of those up by Turkey Creek, just a stones throw from the city. There was also another one off of hampden which the whole crummy neighborhood got hit with special assessments for sidewalks streetlights. For something like a private drive with a decent road and private indicating street sign, that's a maintenance cost which probably offsets the gained value in use.

You clearly state the condition. Clearly state the comparative condition if it's similar to the normal market. What and where. Identify valuation issues if any. Then pass that hot potato off to title to figure it all out. A special assessment imposed by the county can result in a lien.
 
Fannie's rules are different that FHA, and many lenders have there own ideas. You're not making the loan, so why worry about it.

Did you know that FHA no longer requires an RMA for private roads?
 
Cost to cure? How long is the road? I guess if you couldn't get an agreement, you could buy a monster truck, beat the road into big ruts, and then ask again.
 
Elliots rural negotiation skills expressed in visual medium:

http://i.ytimg.com/vi/_GJUOi6GSp4/0.jpg
0.jpg
 
Cure what?
You cure the grading rating, what else?

Have you ever been washed off road by improper waterflow on rugged grade on your way to a rural inspection? It's one of those things where you say to yourself; Madness, how come nobody takes care of this road!?
 
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