In response to your initial question, the only guide is looking for a local comparable. Usually there are a couple title companies in the area that do a majority of the title insurance work, maybe you bought coverage from one of them. You could contact them and see if they have any info they would share about local transactions for access easements.
If you can find a couple, they might give you a per sf cost to approach the HOA with. There may be a prescriptive easement but making the case might cost more than the per sf cost if the HOA is willing to work with you. I can't tell the original intent of the land owner but it would be very short-sighted to have not planned access to property that was remaining in his/her possession.
If you bought title insurance, dig it out and look at Schedule B- Exclusions. There should be a list of recorded documents related to the property, you could go to the Recorders Office and have a look at them. Where I live I can buy pdfs online but that is not everywhere.
If you can find a couple, they might give you a per sf cost to approach the HOA with. There may be a prescriptive easement but making the case might cost more than the per sf cost if the HOA is willing to work with you. I can't tell the original intent of the land owner but it would be very short-sighted to have not planned access to property that was remaining in his/her possession.
If you bought title insurance, dig it out and look at Schedule B- Exclusions. There should be a list of recorded documents related to the property, you could go to the Recorders Office and have a look at them. Where I live I can buy pdfs online but that is not everywhere.
Statistics: Posted by WhyNotUs — Wed Mar 27, 2024 1:25 pm — Replies 20 — Views 1738