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[Terrel L. Shields]

>>No recorded easements for these items are noted on this survey and are considered encroachments without legal easements<<

In OK and AR there are some statutory easements for roads and these are not recorded but are legally binding. Elec Co. likely has an easement, too. Again, sometimes these are simply difficult to obtain and might have been a general easement over a larger parcel of land back in the past.

 

[Richard Carlsen]

Despite the fact that county roads may be county roads with or without recording of an easement or ROW, if the surveyor did not put it on the survey, I would condition it as you did (maybe not in such detail) on the basis that you are not an attorney. You are not competent to research such issues and pass judgement on easements and ROW's. The surveyor is trained to find, record and describe such things as roads and easements of record. If the surveyor does not show a road, I would consider there to be no road.

If they wanted me to appraise it as though it had one, I could do that but as a hypothetical appraisal with all sorts of disclaimers.

 

[jtrotta]

Pam,
good pick up, and well thought out; here in our area they have what are known as paper roads, owned by the municipality's and have been around for years. Due to some "misrepresented" sub divisions a few years back (landlocked) - the state decided to bring forth a law that does not allow "landlocked" property any more, an access of some kind will be provided, by agreement or by a taking. I think that says it all here, and the lawyers know about it.

8)