LAKE SHASTA ROAD DISPUTE COULD BE COSTLY
REAL ESTATE PRACTICE, SHASTA COUNTY, TIPS FOR BUYERS, TIPS FOR SELLERS
September 5th, 2008
Today’s Record-Searchlight published a follow-up article regarding an ongoing dispute over a private road leading to a marina on Lake Shasta. One property owner has notified his neighbors he plans to gate the road. A gate key will be provided to those that can prove they have legal deeded access.
This is all too common in the Redding and Shasta County area as property owners have become more knowledgeable about title issues. Most of the time these disputes develop when property owners can’t agree on maintaining or improving a private road used for ingress and egress. Some property owners abuse the right to pass by using the road for commercial purposes that cause excessive wear and tear making the road rough and, in some cases, impassable.
Fortunately, most of these problems are preventable if a buyer uses due diligence to review and assess the nature of the easement that serves a property they wish to buy. There are many types of easements that are created and some are better than others. Insurable deeded easements that run with the land are best. Next are easements that appear to benefit a property but the title company has not researched the public record to guarantee the easement is enforceable. Prescriptive easements are weak and could be negated by legal action of a property owner that does not want the easement perfected by a quiet title action.
Anyone buying real property served by a private road should understand that every property owner between the public road and the property in question must deed an easement for the benefit of the property being purchased. If the title company can easily verify that the appropriate deeds have been recorded granting an easement, they will offer to insure the easement at the buyer’s request. If the road is lengthy, with numerous property owners, the title company may request additional money from the buyer or seller to do the tedious research necessary to establish the validity of an easement.
Buyers and sellers should have a knowledgeable agent on their side reviewing the title report and advising their client where to seek advice to address easement concerns. All too often, buyers fail to investigate ingress and egress rights and end up in expensive litigation to preserve their right to access their property.
In some cases, sellers know there is a problem and remain silent during the sale process. A buyer can easily protect themselves by sitting down with a title company employee and asking them to explain the type of easement they are being granted and whether their are any problems with legal access.
I have only scratched the surface of issues surrounding access. The property owners at Lake Shasta may learn the hard way they bought a property with insufficient legal rights to access their homes.
If you are buying or selling and want an experienced expert on your side, contact me:
530-224-6767 or 530-941-7492
BRAD GARBUTT
REALTOR/BROKER ASSOCIATE
REAL ESTATE PROFESSIONALS GMAC
QUARTER CENTURY LOCAL REAL ESTATE EXPERIENCE
