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Shared Driveway Question

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Steven Spychalski

Junior Member
Joined
Jan 14, 2003
Professional Status
Certified Residential Appraiser
State
Illinois
Hello All:

Thanks in advance for comments.
Driveway.jpg
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Having an issue with a shared driveway.... Per the seller's agent, there is no HOA for the project (4 attached townhomes with 4 garage stalls) All separate parcels and sub-parcels.

There is a driveway across all parcels. See below (my highlights). Per the Seller, there is a $500 annual fee for lawncare and snow removal (possibly voluntary... it was in the listing, but not the contract). There is No RMA and no HOA. I requested information pertaining to how the fees are collected etc. as there is no HOA, but was never responded to.

Informed the Client. They, of course, or confused. Apparently the neighbor just closed with them last month and there was no mention of the shared drive in that report. (ugh)

Driveway.jpg

So, before I go to the Mat on this one, I wanted to be certain I am in the right. This driveway crosses over all parcels and was in good condition. There is no RMA. The Plat is from 1912 and is not available (the project was constructed in the 60s). To the best of my knowledge there is no local ordinance pertaining to private streets/drives. (if any one from Illinois knows better, please LMK!).

One thought I had was that even if the driveway was destroyed or made unavailable, the subject would still have adequate pedestrian access and vehicular access as they are fortunate to have an end location and the 1st stall in the garage (and the largest segment of the shared drive including the curb-cut). This is based off an FHA requirement, but not from the FNMA regs....Am I stretching with this line of thought?
Driveway.jpg
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Steven Spychalski

Junior Member
Joined
Jan 14, 2003
Professional Status
Certified Residential Appraiser
State
Illinois
Request a copy of the Deed from your Client.
I can view all recorded docs for the subject back to 1999. I see no mention of the shared drive in any of them. The Legal Description outlines the dimensions of the Parcel and sub-parcel.

There is the standard disclaimer of "Subject to: ....real estate taxes, CCR of record, building lines and easements, if any, so long as they do not interfere with the current uses and enjoyment of the real estate"

Otherwise nothing I noticed....
 

Restrain

Elite Member
Joined
Jan 22, 2002
Professional Status
Certified General Appraiser
State
Florida
So, IMO you have at least an easement in prescription where each property owner is responsible for that portion of the drive as it crosses the individual lot. Per your research there is no mechanism for shared maintenance of the drive, so one person might maintain their portion while the next person might not.

Interesting problem. Good luck.
 

Howard Klahr

Senior Member
Joined
Oct 4, 2004
Professional Status
Certified General Appraiser
State
Florida
To whom is the $500 annual payment made? The subject is under contract and another of the 4 homes just recently closed. How long have the other 2 homes been owned by their respective owners? Have you reached out to either of them to get your questions answered? How about a prelim title report ...
 

Steven Spychalski

Junior Member
Joined
Jan 14, 2003
Professional Status
Certified Residential Appraiser
State
Illinois
So, IMO you have at least an easement in prescription where each property owner is responsible for that portion of the drive as it crosses the individual lot. Per your research there is no mechanism for shared maintenance of the drive, so one person might maintain their portion while the next person might not.

Interesting problem. Good luck.

That is what I am thinking as well.... the fact the subject has access to the street on their parcel may make the need for an RMA moot. It kind of feels like a reach though, so I wanted to be sure.
 

Steven Spychalski

Junior Member
Joined
Jan 14, 2003
Professional Status
Certified Residential Appraiser
State
Illinois
To whom is the $500 annual payment made? The subject is under contract and another of the 4 homes just recently closed. How long have the other 2 homes been owned by their respective owners? Have you reached out to either of them to get your questions answered? How about a prelim title report ...
I did reach out to the recent sale. It, like the subject, is a short sale and it seems the agents have checked out. You would think it would be easy to answer.... To whom do you write that $500 check?!?!? Again, while it was noted on the Listing, there is no mention in the contract... so maybe it is just voluntary. I think the last sale did not disclose the Fee and per the Client, the prior appraiser did not mention the common drive....
 

Howard Klahr

Senior Member
Joined
Oct 4, 2004
Professional Status
Certified General Appraiser
State
Florida
the fact the subject has access to the street on their parcel may make the need for an RMA moot.
Actually that is exactly why an RMA is important not a reason to dismiss the issue. Without it, the other properties are encroaching upon the subject for their access.

I did reach out to the recent sale.
While one might expect that this would seem appropriate, the other 2 properties that did not sell would likely be more informative as they are the ones with actual experience in dealing with the issue.
 

jay trotta

Elite Member
Joined
Feb 8, 2004
Professional Status
Certified Residential Appraiser
State
Connecticut
I can view all recorded docs for the subject back to 1999. I see no mention of the shared drive in any of them. The Legal Description outlines the dimensions of the Parcel and sub-parcel.

There is the standard disclaimer of "Subject to: ....real estate taxes, CCR of record, building lines and easements, if any, so long as they do not interfere with the current uses and enjoyment of the real estate"

Otherwise nothing I noticed....

(the project was constructed in the 60s).

It is time for a Trip to the Town Hall and Zoning/Building Dept; this is Not an On Line Project, you need full discovery of factual data, not some agents thoughts. Research the "Permits" taken out for the building and the Zoning Approval process. The "Subject To" reference may relate to zoning approval process and how access was to be structured, even in the 1960's.

Good Luck
 

Mark K

Elite Member
Joined
Jan 27, 2004
Professional Status
Certified Residential Appraiser
State
Indiana
Platted in 1912, built in the 60's?

My guess is that you won't find anything related to the ingress/egress or parking at the permit office. There may be an ingress/egress/parking easement but more than likely it was just a casual agreement at the time. Our building/zoning dept. wouldn't have anything other than the building permit. County Recorder's office would have a copy of an easement if it was recorded.

I'd ask the lender to provide title work and deed; searching for easements and maintenance agreements isn't in my scope of work. If no easements or other maintenance agreements are found in the search, I'd note it and let the lender/seller/agent/buyer work it out.
 
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