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[Pamela Crowley (Florida)]

Please let me know what you think of this addendum. Does it make sense and does this sound correct? Lender is having a fit and want me to just leave these issues alone. NOT ME!

July 30, 2002

On 07/29/2002 a reduced and faxed copy of a survey which appears to be dated May 25, 1994 was provided to the Appraiser from ****

This survey appears to be fundamentally the same as the older survey that was previously provided to the Appraiser.

Jackson Street, which was never physically developed, divides the subject property into two parts. This portion is 60' x 150', which is 9,000+/- square feet, and would make the total of the subject property consist of 249,500+/- square feet or 5.7+/- Acres.

SE 50th Street is on the survey as a County Graded Road of approximatley 40' width as is the electric power line. No recorded easements for these items are noted on this survey and are considered encroachments without legal easements.

There is a 50' wide parcel that adjoins the subject site on it's East side of unknown ownership. The subjec street that is known as SE 43rd Street and previously plated as Landrum Street ends prior to reaching the subject site. The subject driveway runs from the end of SE 43rd Street and across the mentioned 50' parcel to enter the subject site and provide access to the dwelling and improvements. There is no mention of any ingress/egress easement for this driveway to use the aforementioned 50' adjoining parcel on the provided survey.

At this time, it appears that there is no physically possible legal access to the subject dwelling and improvements.

The Appraiser's Opinion of the subject market value is subject to a legal and recorded ingress/egress easement for the subject driveway to cross that 50' parcel that lies between the end of SE 43rd Street and the subject parcel.

 

[larryhaskell]

Pamela:

Without knowing the property it sounds okay except for a typo or two. You have done your due dilligence. It's up to the UW to satisfy your "subject to" condition even if it requires an additional survey.

 

[Pamela Crowley (Florida)]

Thanks, Larry. I did run spell check and found the typos, edited it a little bit and sent it off.

I can't figure out why they didn't seem interested in legal ingress/egress access and appeared to want to just ignore it. Strange. Seems that no one involved in the deal in 1994 paid any attention to it either.

 

[Dave Smith]

Pamela:

Do you remember the post for a few weeks ago about appraisers being the "reality police?"

You just became one! Congratulations. :lol:

 

[Mountain Man]

Ahh man, my little red flashy light image didn't work.


Watch out, Pam's shift is on. :lol:

Just kiddin'. Maybe, just maybe, someone someday will appreciate not finding a title problem. Good job.

 

[Pamela Crowley (Florida)]

I'm worn out trying to deal with lenders that I haven't dealt with before. My regular clients never ask for anything further, never tell me what $ value they want, some pressure for time, no problem with whatever the invoice is for. They also appreciate it when I find things like this. They want the truth and deal with whatever it is - professionally.

The 2 new clients this week are killing me!

 

[Restrain]

Hi.
Just a note about your county road. The reason you don't see a recorded easement is that way back whenever, the county wanted to put a road through there and Ol' Billybob said 'Sure, just put it over there'. The road and accompanying power line came in and as things went, it was just widened and improved, creating an easement by prescription and effective county ownership. Back in a previous life, I did a lot of right-of-way acquisition and title work as part of my appraisal work (worked for a city) and we found a lot of these. Essentially, the county or city owned whatever was under pavement or within the paved road area and was generally recognized as the road. Property lines in many areas actually run to the center of the road and still do in most rural or semi-rural areas of Texas.

 

[Jo Ann Meyer Stratton]

R: It depends on each states laws. In Arizona that would not be true. Easements and right of ways have to be of public record. People are paying property taxes on state highways and a lot of county roads in Arizona because the proper documents were never obtained or recorded.

 

[Pamela Crowley (Florida)]

Buyer is now very happy that I found this and said that he had requested an appraiser from Jacksonville.

Closing Attorney said: "There are a bunch of local people that would buy this without questioning the access. That's just the way it is here. This is no big deal."

Oh boy, appalachia right here in sunny Fla.

Anyway, looks like the attorney is going to try to get the easement and the buyers aren't buying without it.

At least one person is happy with me - the buyer.

 

[larryhaskell]

Pamela:

I know the lender was your client in this case but sometimes it just feels good to do the right thing. Hopefully the buyer will be appreciative enough to tell others and before you know it appraisers will be the most respected group of professionals involved in real estate. Sorry Pam, I just got carried away on that sentence.