Survey Nightmares: No Way In or Out!

by | Nov 21, 2019 | Surveying Related

Most properties have a plain and simple point of entry and exit. But some properties have no plain and simple point of entry or exit. This can be of concern to the Title and Mortgage Company. Here are 2 examples that demonstrate the concept of ingress/egress, or the ability to be able to get into and out of a property:

  • 10 Smith Road – While the house has a sidewalk that has access to Smith Road, there isn’t a driveway for vehicle access. However, in the rear of the property, there is an asphalt alley. There is not a dedication on the subdivision plat or on the city block map for the existence of an alley. This means that we would have to “trespass” on the neighboring properties to get access to the main road.
  • 45 Elm Street – On this example, we are “trespassing” on one lot to the right of the property to have access to the main road. The garage on this home is located on the “back” side of the house; there isn’t even a sidewalk to Elm Street. In addition, there is no document allowing for us to cross over Lot 1 to get to the road.

Legally – there are no ways in or out of these properties. However, all is not lost. There are laws regarding access, specifically prescriptive easement rights. Keep in mind though that it may take a significant amount of time to get issues such as these resolved. Having a boundary survey performed can identify your points of access and ensure that you can legally get into and out of your property. For more information contact Cardinal Surveying and Mapping at 636.922.1001 or email us at [email protected].