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do I need real estate lawyer ?

Old 01-11-2017, 03:02 PM
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Default do I need real estate lawyer ?

I recently bought a piece of property that is at the end of a small dead end street, I'm the only one on the entire street. I went to the city about asking if they would turn it over to me and they said they would split the road between me and the owner of the property on the other side of the road. That won't work because I would not be able to drive down the street and access my property. The property owner on the other side has their entrance on the main street and has no access anyway. My question is can you offer to buy it directly from the city, or would a real estate lawyer know of a better way.
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Old 01-11-2017, 03:15 PM
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Yes, you will likely need a lawyer. And a diagram or map of this.
FWIW - The city may not own the land but may just have an right of way for the installation and maintenance of the road. That is how it is generally within our city limits.
And I seem to remember that a property owner can not "land lock" another property owner in Florida. People used to do that to get people to sell - developer buys all the surrounding land so those in the center cant access their property. Something like that.
Go talk to an attorney - probably well worth the time and money.
Good luck -
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Old 01-11-2017, 03:34 PM
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do I need real estate lawyer ?

If you need to ask, yes. Word to the wise, let the city own it, they get to repair it and and eat the taxes on it ...
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Old 01-11-2017, 03:56 PM
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agree . with the last comment maintaining the road will proof expensive , question : is it a county road or just an easement ?
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Old 01-11-2017, 03:59 PM
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Why would you want to own it?
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Old 01-11-2017, 04:03 PM
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Does the neighbor want half? If not see if the city will let him "Ok" giving you the entire street.
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Old 01-11-2017, 04:04 PM
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Yes. It would be in your best interest to hire a real estate attorney for your particular situation.
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Old 01-11-2017, 04:12 PM
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You'll need the property owner to have a right away put on his deed and have it recorded. You will also need a private road maintenance agreement. I'm in that exact situation, except the private road and right away was already recorded when I bought my property. I wrote the private road maintenance agreement and has it signed by the landowner (and myself). Had to be witnessed, motorized, and recorded. You can do some lawyering yourself if you pick and choose the parts you do wisely. Saves a lot of money.
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Old 01-11-2017, 04:17 PM
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Originally Posted by Corndog38 View Post
Why would you want to own it?
This. If its a public street the city is obligated to maintain it. Why take that on yourself?
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Old 01-11-2017, 04:20 PM
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Offer to advance the petition to vacate public right of way and have agreement with neighbor for quitclaim deed for his vacated strip. Be forewarned that if you are part of a platted subdivision the governmental entity can only vacate the public rights and not any private rights that accrued to the other subdivision owners. Other owners have an implied right to use any platted roads in the subdivision but at least one court has limited use to reasonably beneficial, which may be limited if you're at end.
With that said if this is important to you then the right lawyer may help you understand and facilitate the process especially getting the neighbor committed before you advance the petition. You might speak to the neighbor before you spend $$.
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Old 01-11-2017, 04:21 PM
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Originally Posted by Brad1 View Post
You'll need the property owner to have a right away put on his deed and have it recorded. You will also need a private road maintenance agreement. I'm in that exact situation, except the private road and right away was already recorded when I bought my property. I wrote the private road maintenance agreement and has it signed by the landowner (and myself). Had to be witnessed, motorized, and recorded. You can do some lawyering yourself if you pick and choose the parts you do wisely. Saves a lot of money.
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Old 01-11-2017, 04:32 PM
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Standard practice, when the city abandons a city street, the adjoining property owners are given the half of the street adjoining their property. Existing access to that particular street isn't a consideration, as long as the adjoining property owner has the right to take access from that street.
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Old 01-11-2017, 04:43 PM
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Find one of the more knowledgeable RE lawyers in your area, spend a hour and $400 with him to get all the proper answers. Don't pick the lawyer based on his $$/hr but his experience in these type of issues.

Dealing with RE matters I've found it's better to pay somebody who bills out at $400/hour but handles these case on a regular basis vs a guy that just does 90% RE residential closings and charges $250/hr. Nothing worse than paying for somebody's education.
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Old 01-11-2017, 05:09 PM
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if the city owns the road and both of you have access to your properties from said road why on earth do you want to own it and maintain it? let the city do that.
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Old 01-11-2017, 05:27 PM
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I own quite a bit of real estate. I would defiantly hire an attorney. It is too complicated these days.
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Old 01-11-2017, 05:29 PM
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Yes and stop talking to the city or the adjacent property owner until you get one.
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Old 01-11-2017, 05:31 PM
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As others have said, you don't want to own it, you want an easement or right-of-way. You own it and you'll have to maintain it. Let the city do that. We live on a private road, a gravel lane. We've been trying to get the state to take over maintenance for years. Not having much luck.
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Old 01-11-2017, 05:54 PM
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Who is going to plow it ?
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Old 01-11-2017, 06:53 PM
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Find out which lawyers are always in front of the planning board/town and use him. If the town/city attorney already has a good relationship with this person it will save you afew $$$ in the long run. Make sure the guy isn't a over billing prick by getting references.

In my town you always see the same 2 or 3 guys in there representing in front of the town boards.
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Old 01-11-2017, 08:30 PM
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Originally Posted by doobs41378 View Post
Who is going to plow it ?
That's stipulated in the private road maintenance agreement.
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