LAND CONTRACTS & ACCESS – Dec. 2005

 Land Loans Require Deeded Access

“Vacant Land Must Offer Road Frontage or Deeded Access”

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:

In North Carolina, all “state-maintained” roads have a number, i.e. #1342 or #2311. 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.

When buying land, you should purchase only land which is on a state road, or which has a “deeded” right-of-way. A deeded right-of-way is an easement over the lands of other property owners which provides 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. Also, 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.

In other words you may have the “right” to cross over the land of others, but may have to build the road yourself. The property owners over whose land you cross have no obligation to provide or maintain the road for you. On some occasions, however, all property owners on that private road may have agreed to share the cost of maintaining the roadway as needed. Ask questions if you are not sure.

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 to your property since traffic will be nearly nonexistent. Just remember, the operative word for your protection is “deeded” right-of-way.

Best regards,

Paul Christian Breden, Broker

The purpose of Land Rush is to educate and inform you in such a way that, once you arrive here in the mountains, you’ll be prepared to make your purchase. If you haven’t already, please – before you come – take time to download our buyer’s guide – “Carolina Dreaming” – from our website. It’s short, easy to read, and will provide you with the basic information needed to make your trip a roaring success. For your free copy, go to:

www.ncmountainland.net/manualdesc.html

Ready to come to the mountains? Call us at all reasonable hours, seven days a week, at 800/849-9225. Ask for Chris or Paul and we’ll set up a time and place convenient for you. We’ll take whatever time is required to help make your land ownership dreams come true!

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