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Thu 23 Aug, 2007 01:46 pm
I've never heard the term before today......what is it, does one need to file for it or have it written up by an attorney?
Thanks for any info you can give me!
No.....it's a real estate term. A type of easement, I believe.
Maybe you misheard the term? A "right of access" would be a legal right to traverse a piece of property - usually this is for something like when you build on a lot that doesn't have direct street access. You get (through agreement) a right of access from the adjoining property owner (usually the seller) to cross their property to get to the street. A property without street access or a right of access is called "landlocked" and is a PITA to try and sell.
If you have a right of access you'd want to have it recorded in the property deed at the town or county (depending on where you live) Registar of Deeds office. If you try to sell a landlocked piece or propety and you don't have a right of access listed in the deed then there will almost certianly be problems with anyone getting a mortgage. Title insurance companies won't insure titles to property with no access rights and mortgage companies are reluctant to give anyone a mortgage without title insurance.
It is an easement. It's just an easment between private parties as opposed to a railroad or public utility type easement.