? Deeded Right of Way ? (Eastport: sale, real estate, insurance)

[elston]

I am looking on-line at what appears to be a really nice house with 7 acres (mostly wooded). I noticed in the property description that it has a "deeded right of way" and zero road frontage. Is that description frought with problems. Would I be at the mercy of the person whose property I had to cross to get to mine? Does anyone have any knowledge, experience or advice about that type of situation?

[msina]

Elston here is some info for you, You should check with the realtor or an atty. on the specifics but, this is not unusual here.
Easement - Wikipedia, the free encyclopedia

[elston]

once again, you come to my assistance! Thank you Msina.

[msina]

I'm so happy that helps,.. you're quite welcome Deah!

[Cornerguy1]

Usually with a deeded right-of-way you own, by deed, the right to cross the property of another in order to access your own. You do not actually own the land, however, and therefore can not make changes to it or build structures on it.

Often there are conditions attached to the deed regarding responsibility for improvements, maintainence, etc.

Deeded rights-of-way are quite common mehtods of accessing land-locked properties and can work quite well. It's very important when considering a property involving a ROW to have your attorney throughly search all aspects of it so you have a full understanding of the limitations involved with that particular ROW.

[Northern Maine Land Man]

This property would benefit from an easement. If somebody has an easement across your property, your property is said to be burdened by the easement. Be careful about the wording of the easement. There are properties that have an easement across the burdened property for the purpose of harvesting wood. The building of a house on that wood lot would be overburdening to the burdened property. ALWAYS have a title search done when purchasing property. Always get title insurance.

[mainebrokerman]

row's and easements usually run with the land,,written in the deed,,tho always always ask, and read the deed, carefully, and read carefully, about any limitations, restrictions, or timelines,,

[msina]

See!! I knew there'd be some smart people to give you good advice!!

[elston]

thanks deah

This forum is truly amazing!

[maine4.us]

We just purchased a home in Eastport with a deeded right-of-way. The sale was held up for a few days while the title insurance company researched the language of the R/O/W. The right-of-way was granted in 1922 when a parcel of property was subdivided and a part of the parcel was given to each heir. The land locked heir was granted a right-of-way access to the property from the heir owning the access. The language was vague and the title insurance company had to get a legal opinion of the definition of the usage. The title insurance is advice. Be sure the title insurance you get covers you as the buyer/owner of the property. I opted for this and the title insurance cost a little over $200. If financed, the bank only insures itself, and you could possibly be out of luck. In many states a deed may not be obtained for a parcel of property that does not have a right-of-way. If you have title insurance, you don't really have to worry because they have to litigate any issues that may arise that prevent you from accessing your property. A good real estate attorney is desirable in any property transaction. What you pay them is very inexpensive insurance against a surprise down the road.