Legal Access Vs Physical Access
Jack Butala: That, 9 times out of 10, answers what I`m looking for for physical access. As for the legal aspects, you can call a flat map, and almost every county has it online, and you can see if these easements, these are the straight lines, on a flat map are usually the perimeter of the whole property, and the dotted lines are the easement that makes the plate, this is called a plated easement, And if your package has an easement, You have legal access. Jack Butala: Wherever you live, you probably have physical or legal access. If you`re buying real estate, rural properties that are, especially if they`re not wanted, or if they have bad taxes or something like that, what we do for a living, what Jill and I do, you have to check things out. You need to check if there`s physical or legal access, so if you have a 40-acre property that`s in the middle of, say, a county in northern Arizona or any other state, you want to make sure you at least want to know the facts. There may very well be a situation where it is undeniable that an owner`s access problem is only due to a “physical” loss of access and not a “legal” loss, and title insurance will not help. There was a recent case in New Jersey that gives a lot of clues about the importance of modified physical access and how it can prove to be a real problem for a homeowner. A few months ago, in January 2016, in the case of revocation of access to Block #613, Lots #4 and 5, Toms River Township (A-102-13; 074011) [hereinafter referred to as “Revocation of Access”], the Supreme Court of New Jersey upheld a decision of the Appellate Division supporting the community`s rights over potential economic harm to an individual owner. The owner of a commercial property was informed that the Department of Transportation wanted to build an additional track.
There were also plans to build a median strip between the north and south sides of the highway. The construction would also eliminate eight parking spaces that benefited the property. The plan would also affect the owner, as the presence of a new central median on the south side would prevent travelers from having direct access to the property. These drivers would no longer be able to turn left on the road perpendicular to the national road. The inability to turn left towards the property would result in travellers on the south side wanting to enter the site in question to pass through the property now. They would then have to make a few right turns before turning left onto the highway at a traffic light and finally turn right onto the road that borders the site in question and is perpendicular to the highway. It was determined that the “detour” would require a southbound driver to travel an additional three-quarters of a mile to the respective property. The Appeal Division upheld the Department of Transport Commissioner`s plan and concluded that the Department of Transportation`s plan was reasonable and provided a practical, direct and well-marked route to enter and exit the property. The landowner could not refute the presumed validity of the DOT plan.
The Supreme Court confirmed that “the Commissioner`s analysis is ultimately aimed at selecting the plan that best achieves the overall objective of providing adequate access to the state`s highway system, rather than maximizing the commercial interests of a particular owner.” Real estate agents often mention “roads” in their marketing. For example, in MLS, they might write something like “Turn Highway 101 onto the dirt road that runs across the country.” It would be a mistake for buyers to assume that this dirt “road” is an official road approved by the city or county, and that the package has legal access. Sometimes it is. Sometimes not. In all likelihood, the broker observed a physical access road and did not verify whether it was a legal access road, a registered easement or simply a worn dirt road through private property. Real estate agents usually only describe what they see with their eyes. Savvy buyers will check if access is legal. You will ask the title company, city or county (not the broker). When considering buying a property, access should always be considered. Without access to the property, it can be difficult for the owner to use the property for its intended purpose. If the securities company decides that it will insure itself for access, this article is completely absent from the title report. The title report is silent only on this topic, and access is not mentioned in the Exceptions section.
For example, if the package is clearly on a paved road, the title company will provide access, but there is no specific paragraph that says, “We are providing access because it is on an official road.” In summary, a report that does not mention access is bad news, while a report that says nothing about access is good news. Jack Butala: You own the house, but you don`t own the street, so it`s legal access. A few years ago, I sold private land near a municipal water supply. There was a large water tank on top of a hill on earth. A dirt access road led from an officially paved road to the water tank and ran directly through the land I was selling. This dirt road appeared on the map of the tax inspectors and therefore appeared as a legal access. However, the city had placed a large locked gate next to the paved road, blocking the entrance to the dirty water supply road. The city didn`t want to give a key to my client, the seller. If you own a fenced property and want to know if you have the right to access it in the future, that`s another question and brokers can`t weed with you. Ask these questions to a lawyer. Jill DeWit: Sometimes I like it too. On some occasions, I have seen that it is written, I am not telling you this, I am telling our listeners, the legal descriptions.
Everything except a 20-foot easement on this site, and this page, and this page, and this page, written directly in the legal description, and I love it because it`s black and white for everyone. Jack Butala: Jill is worried about my stomach here. Jack Butala here from Land Academy, welcome to the cash flow of Land Show. In this episode, Jill and I talk about a question that each of us answers every week, if not every day, in my case. What is [inaudible 00:00:35] physical and legal access to real estate, and is it really important? Jill, I`m so glad we`re doing this show. Jack Butala: Otherwise, we`re usually scared, I mean, I don`t remember ever buying a property, intentionally anyway, that doesn`t have physical access. Note that I recommend studying a Flat map, not an aerial map or Google map. Aerial maps can show you physical access, such as a dirt road leading to land.
However, as explained above, this physical access may or may not be lawful access. Google Maps displays named streets, but sometimes a street named in Google is not an official street. For these reasons, the card you want to focus on is the flat black and white card. The type of easement is justified based on the history of the property. They will not grant an easement that takes too much of the owner`s property. You can also take advantage of knowing that lawsuits are an option to reach a settlement with your neighbor, with or without a lawyer. Whichever way you get your easement, make sure it`s wide enough for at least one car and have a clear plan on how it will be maintained. If you`re looking for an offer or want to turn a man`s trash into your treasure, take a look at the inner properties that others overlook because access isn`t there yet. When describing access to buyers, I use the word “enclave” to mean that a package does not have legal access for entry and exit.
I`m focusing on lawful access and not physical access because I think it`s more important. If the terrain allows, you can always level a road if you have legal access. I am a broker, a land broker, not a lawyer. Real estate agents help people buy and sell properties like land. Brokers are not there to give legal advice on whether a client would have a good record in court if they wanted access to national property. I mention this because it`s important for you, as a reader, to consider who writes a blog you read. My role as a broker influences the way I think and communicate about access.