|
CHECKLIST:
What You Should Know
. . . Before Making Your Decision!
In the last issue of LAND RUSH,
we covered topic 10 of 11 suggested questions you should ask before
making your land purchase decision. In this issue, we'll cover the
eleventh one - about access to the property - in depth.
11. Are there easements or rights-of-way
for the benefit of others?
How would you like to buy a large tract of land
only to learn later that there was no way to get to it? That would
not be classified as a happy and rewarding buying experience, would
it? Here's what you need to know to avoid such a situation:
State Maintained Roads - In North
Carolina, all "state-maintained" roads have a number,
i.e. #1342, 1521, etc. The road may also have a name, i.e. Fall
Creek Road. To learn whether the road is state-maintained, look
closely at the green road sign. If it has both a name and a number,
i.e. Fall Creek Road #1301, it is a state-maintained road. If it
has only a name, it is a private road.
A state maintained road may be either paved or
gravel. Regardless, the state takes care of the road, plows the
snow, or makes needed repairs. Many gravel roads are on a priority
list for future paving. If you find a gravel state road with red-tipped
wooden stakes along both sides of the road, that is an indication
that the road will soon be paved.
Right-of-Way - A deeded right-of-way
is an easement over the lands of other property owners that provides
legal access to the property you purchase. The word "deeded"
means that a formal right-of-way has been granted, and takes the
form of a recorded document at the county courthouse. Anything other
than a deeded right-of-way should be avoided since informal agreements
may be changed at will, leaving you stranded without access to your
property.
A right-of-way usually specifies the width of
the access, i.e. a 45' right-of-way. Some older ones may be as narrow
as 18' or 20'. Rarely are they over 30' in width. In some cases
the document may not even specify a width, sometimes calling for
a “cart path” or saying, “following the old road
bed.”
Even though a right-of-way has been granted and
documented, it does not mean that there is a road, path, or trail
already in place. The right-of-way may pass through a heavily wooded
area with no evidence of a roadway having ever existed.
Although it may sound as though a right-of-way
is not desirable, it can actually be a positive benefit of owning
land. Because it is not a public road, it can provide more privacy
and seclusion for your property since traffic will be nearly nonexistent.
When buying land, you should purchase only land
which is on a state road, or which has a "deeded" right-of-way.
Just remember, the operative word for your protection is "deeded"
right-of-way.
PAST TOPICS INCLUDE:
(click on a topic to read about it)
INTRODUCTION
1.
Has the property been surveyed recently?
2.
What is the topography of the property?
3.
Is the property accessed by public road or right-of-way?
4.
How much are the property taxes each year?
5.
Are there any restrictive covenants or zoning on the property?
6.
Will sellers finance the property or do they expect cash?
7.
How much earnest money should you offer?
8.
What, if any, utilities are provided?
9.
What closing costs are involved to complete a land purchase?
10. Are there any hunting leases on the land you plan to buy?
|
