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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Correcting Prelim Title Posted by Rick Harmon on July 11, 2010 at 5:09 PM In Reply to: Correcting Prelim Title posted by Lughead on July 10, 2010 at 11:18 PM Hey Lug - Had that same concern when I was negotiating to buy my place in De Luz. Prelim states that there was no record of access from the road. Well that didn't make much sense to me because, prior to purchase and subsequent private road and building conatruction, there was a dirt road leading off the main road onto the property. Curiously, they did not catch the rather obvious encroachment that the neighbor had placed a mobile with a septic tank and phone service of one side of the property, but that's what surveys are for (it's a ranch). Easements are usually corrected with deeds, as you suggest. The dominant property is the one that controls the access. Other remedies include restrictive easemenrs and licensing use. Prescriptive easements can be created and perfected via court order quieting title. I would ask for favorite advisory title officer or in-house counsel at your title company what they would prefer to see when insuring such land. This should save you some grief later if/when the properyt is resold. BTW, my little "paper-only" lack-of-access was resolved when I ultimately paved a driveway from the street (highway) to the lodge and had to pay for a permit to the county. It had to be inspected by the fire marshall ("yep, that's asphalt, partner") and a all agencies were satisfied that the 16 ft wide and 12 ft deep section was to code. They never asked for a permit for the big entrance down the road and I never asked permission (knowing that forgiveness might be an option later). Turns out that I own the County road to the mid-line and they have an easement on my property. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : Hey Lug - Had that same concern when I was negotiating to buy my place in De Luz. Prelim states that there was no record of access from the road. Well that didn't make much sense to me because, prior to purchase and subsequent private road and building conatruction, there was a dirt road leading off the main road onto the property. : Curiously, they did not catch the rather obvious encroachment that the neighbor had placed a mobile with a septic tank and phone service of one side of the property, but that's what surveys are for (it's a ranch). : Easements are usually corrected with deeds, as you suggest. The dominant property is the one that controls the access. Other remedies include restrictive easemenrs and licensing use. Prescriptive easements can be created and perfected via court order quieting title. : I would ask for favorite advisory title officer or in-house counsel at your title company what they would prefer to see when insuring such land. This should save you some grief later if/when the properyt is resold. : BTW, my little "paper-only" lack-of-access was resolved when I ultimately paved a driveway from the street (highway) to the lodge and had to pay for a permit to the county. It had to be inspected by the fire marshall ("yep, that's asphalt, partner") and a all agencies were satisfied that the 16 ft wide and 12 ft deep section was to code. They never asked for a permit for the big entrance down the road and I never asked permission (knowing that forgiveness might be an option later). Turns out that I own the County road to the mid-line and they have an easement on my property. [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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