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General => General Forum => Topic started by: archimedes on May 19, 2019, 07:59:39 AM

Title: "Right of Way" access
Post by: archimedes on May 19, 2019, 07:59:39 AM
Hey folks,
I finally found a piece of property that I like but there is one issue that has me concerned.  The property does not have frontage on a public road.  You have to access the property via a 30 ft wide ROW.  It's a short distance from the road, about 150-200ft.


I'm concerned about how this will ultimately effect the value of the home. Any thoughts?


Also, what questions should I be asking that I might not have thought of?

Thanks
Title: Re: "Right of Way" access
Post by: ChugiakTinkerer on May 19, 2019, 11:30:08 AM
A right-of-way access is not unusual.  Many lots are subdivided with just a ROW rather than platting a road.  You'll want to see what the ROW allows as to a gravel lane, paved driveway, etc.

You do want to ensure that the ROW is perpetual and not something like a 30-year term.  That would likely be in the subdivision documents filed with the county.  The ROW could be going across private or public land.  Regardless, you probably don't want to build unless you have a ROW secured for the entire time you plan to own it.  I would hate to be in the position of having to negotiate a renewal for the ROW after building a nice house.

The deed to the property describes any reservations, easements, etc., that apply to the lot.  In addition your county may have specific setbacks and other restrictions that limit where and how you can build on the property.  You can often get that info from the county web site.  A visit in person to the county office that handles building permits can be helpful too.

Soil conditions will determine if you can put in a septic, and of what type.  If you have wetlands on the property that poses additional limitations on where and how you can build.  As do stormwater ditches and natural flowing creeks.
Title: Re: "Right of Way" access
Post by: MountainDon on May 19, 2019, 01:03:53 PM
We have a ROW. It is listed in the county records. Specifies the exact size. It is drawn in the plat. Plus maintenance responsibility is listed.
Title: Re: "Right of Way" access
Post by: Don_P on May 19, 2019, 07:26:52 PM
Maintenance responsibility if there is someone further along using it as well is a VERY good idea, its been about 15 years since "them others" have chipped in  ::)
Title: Re: "Right of Way" access
Post by: archimedes on May 19, 2019, 08:45:25 PM
Fortunately, I'd be the only one using the ROW - it's not shared with anyone else.  I'll have to check with the county to see what it says on the deed.
Title: Re: "Right of Way" access
Post by: jsahara24 on May 20, 2019, 09:32:51 AM
Nothing wrong with right-of-way access, I kind of like it because you can get back off the road without having to own a lot of property.  Just make sure it has been recorded and its navigable. 

Title: Re: "Right of Way" access
Post by: NathanS on May 20, 2019, 10:42:23 AM
A property near us has no road frontage and a 20' wide right of way through state land.

After talking to the old and new owner, they may not be allowed to bring in any gravel for a road base. It does allow for electric to be run under the center of the access. And encroaching trees and shrubs can have their limbs trimmed, but not cut down.

It sounds restrictive enough that you couldn't live back there, it's basically limited to seasonal use.

I also read "Finding and buying your place in the Country" which was recommended by countryplans. The lawyer who wrote that urged caution with ROWs - don't assume you can do anything, and make sure it is all in writing.