In 1980 a 1/2 acre lot is surveyed out of about 6 acres and sold. No access is shown, but the 1980 survey shows a 15' x 80' rectangle with no label on it between the 1/2 acre and the Public Road. It can't be anything but access to the 1/2 acre. Title won't insure it so at the request of the lawyer for the owner who is trying to sell, I record a survey of the little rectangle labeling it a R.O.W. Parcel. It's signed for by the unofficial manager of the family that owns the parent 6 acres, same person who sold the 1/2 acre. Title still won't accept it. The listed owner of the parent parcel is deceased with lots of heirs. It would take decades to get it through probate here even if all the heirs could be found and made to agree on something.?ÿ I have argued to the Title agent that there is no possible way anyone could ever deny access through the little rectangle to the 1/2 acre, but they say "For insurable title, we require that there be legal access to the property". The poor owner, my customer bought the lot 40 years ago when she was here on vacation. Now she realizes she will never build and has spent a lot on my surveying and I don't know what on lawyers but she can't sell.?ÿ?ÿ
Is this a problem for all title companies? Are their others that might insure title so she could make a sale? If the unofficial manager was able to sell the 1/2 acre why not sell her the rectangular strip with her granting a perpetual easement over the strip back to the parent parcel?
A possible solution would be to acquire an access from an adjoiner, on paper, but never use it.?ÿ With the promise that access easement would be released as soon as the paper work can be settled on the estate and the correct access easement put in place.
I will suggest trying other Title Co's.
This manager has been handling the family's land for many decades, but things are tighter now and ownership of the parent parcel has changed within the family.
HC, that's an interesting idea. The adjoiner was interested in buying the lot at one time. They might be agreeable, but it would mess up their title and kill any chance to purchase. So actually the best solution is for that adjoiner to get the land for the lowball offer from a few years ago.?ÿ
They're called quit claim deeds.?ÿ Cash is king.?ÿ There are still people that have a set whose actions aren't controlled by others.
So actually the best solution is for that adjoiner to get the land for the lowball offer from a few years ago.?ÿ
Yup... The adjoiner has your client by the short and curlies.
For all the complaining I do about the anal exam the planning departments give any proposed land division around here ... I never see this sort of problem in Oregon.?ÿ ?ÿ
