As a land specialist, I often list properties with challenging conditions. Many times, that challenge is access. While most states have some sort of law that helps grant access to a “landlocked” parcel, many times the issue is less about legal access and more about the cost of developing the access. Sometimes, the access exists only on paper. But there are many factors, besides building a driveway, that need to be considered. For instance, power and other utilities may be far away from the lot as well. Here are some considerations when buying a lot with limited access.

Legal Agreements and Rights of Way Documentation

Ensure that the right of way (ROW) is legally established and recorded. This involves confirming that there is a documented easement that grants access to the property. It’s crucial to understand the terms and conditions of the easement, including any restrictions or obligations. While most lots are accessible, it’s not always clear that you are permitted to access via motorized vehicle. It’s best to make sure you understand the full scope of the ROW. Additionally, depending on the condition, you may need to spend a good amount of money to develop the ROW, both in engineering and installation.

Maintenance and Upkeep

Clarify who is responsible for the maintenance of the ROW. This typically includes responsibilities such as snow removal, repairs, and general upkeep. Sometimes, the maintenance costs are shared among all the parties who use the right of way. If the ROW already exists, it is still recommended to hire an engineer to understand any potential hazards such as drainage that may cause problems over time. As my old mentor Chuck used to say “An unmaintained roadway is a river in the rainy season”. Washouts can be both hazardous and expensive to repair. Building proper drainage is vital to the structure of the roadway.

Width and Accessibility

It’s important to make sure the ROW is wide enough to accommodate the types of vehicles that will need access, such as emergency vehicles, delivery trucks, and personal vehicles. This includes vehicles involved in the development of the property. Ensure that the path is also suitable for the traffic volume expected. Many towns, even those without zoning ordinances, have requirements for occupancy, that include minimum standards for emergency vehicle access. This is especially important if you plan to reside in the home for extended periods.

Utilities

Consider how utilities will be brought to the lot. This includes water, electricity, sewage, and internet services. The installation of utilities may require additional easements or agreements, especially if they need to cross other privately owned properties. Much of this, can be accomplished wirelessly depending on the location. Internet is widely available via 5G and Satellite, most folks rely solely on cell phones these days, and the utilization of solar energy has become much more reliable and cost-effective, especially if the access to hard-wired electricity is a great distance away. In some cases, it’s less expensive to build a solar system with a battery and a whole-house backup propane generator that to run copper wire a long distance.

Zoning and Regulatory Compliance

Check local zoning laws and building codes to ensure that your development plans are in compliance. This can affect many aspects of the project, from the type of structures allowed to the environmental regulations that must be observed. Even in towns with limited or no zoning, there are still state requirements that must be met. From the septic plan to the potential impact on wetlands and watersheds, you will need to ensure that any development complies with state and local laws.

Emergency Services

As mentioned before, many towns require a minimum standard of road access that is safe for emergency vehicles to access your property. Ensure that emergency services (fire, ambulance, police) can easily access the property. This is crucial for safety and is often a requirement for obtaining building permits.

Privacy and Security

Properties accessed via a ROW are sometimes also a public ROW which means access over the ROW cannot be impeded. This could create a situation where the public can use the improved roadway, but you are fully responsible for maintaining it. It’s important to understand the law regarding ROWs and the potential financial impact it will have, not just in the improvement, but also the long-term cost. I posted a “Guide to Road Laws in NH” on the “Resource” page on the granitestateland.com website. it was created by Alfano Law, PLLC.

Impact on Property Value

The access type can affect the property’s value. Limited or shared access might lower the property value or make it more challenging to sell in the future. However, It will more likely improve the value and could increase the tax burden, not only for your property but potentially for all other properties along the improved roadway as they will now enjoy improved access. This could also be an opportunity to share the burden of the improvement with other property owners. Keep in mind, however, that they have no obligation to share in the cost of installing a roadway, or the upkeep. But they cannot be impeded in passing over it in most cases.

Dispute Resolution

Be prepared for potential disputes with neighbors or other parties regarding the use and maintenance of the right of way. It’s beneficial to have clear, written agreements and a strategy for resolving conflicts amicably. Keep in mind that current property owners may not fully understand the access and may need to consult a legal expert. It’s important not to assume that anyone is right or wrong. It’s best to rely on attorneys with expertise in road law. Disputes don’t have to be hostile.

Future Changes

Consider the long-term implications of the right of way. If the neighboring properties develop or change ownership, it could affect the access rights or responsibilities. These considerations often require the guidance of professionals, including lawyers, surveyors, and engineers, to navigate effectively.

While this is a great guide there may be other factors to consider with each property. Reach out to a Realtor who specializes in land, like me!