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How to create a legal roadway to a secluded home?

Posted on 9/28/15 at 1:49 pm
Posted by TDsngumbo
Alpha Silverfox
Member since Oct 2011
41608 posts
Posted on 9/28/15 at 1:49 pm
I could potentially be building a home within a year or so now that the in-laws have offered to sell the wife and I the back end of their property.

Only problem is it's a huge piece of property with no legal road access to it. The way the property is situated, we would have to have a road built from the main highway to the construction site, the in-law's driveway would have to serve as a small part of the road.

Two questions:

1. Can we just build a long arse driveway from the main highway and create a new address from said highway or do we need to go through the trouble of having a legal roadway built to the home site?

2. What is the process by which one would go about creating a new address along a highway where odd and even numbers are already taken? Would we simply have the same address as the in-laws with a "B" added to it, kind of like an apartment style address?

Forgive my ignorance, I've never done anything remotely close to this before.
This post was edited on 9/28/15 at 1:50 pm
Posted by DirtyMikeandtheBoys
Member since May 2011
19422 posts
Posted on 9/28/15 at 1:51 pm to
going down to trailer town huh
Posted by Pectus
Internet
Member since Apr 2010
67302 posts
Posted on 9/28/15 at 1:51 pm to
Buncha good ol baws, 4 pickup trucks filled with gravel, square point shovels.
Posted by TDsngumbo
Alpha Silverfox
Member since Oct 2011
41608 posts
Posted on 9/28/15 at 1:52 pm to
quote:

going down to trailer town huh


I'm not PJ.
Posted by Jim Rockford
Member since May 2011
98188 posts
Posted on 9/28/15 at 1:53 pm to
quote:

the in-law's driveway would have to serve as a small part of the road.


This could be a problem if they ever sell the house. You'd be sharing a driveway with strangers, and that's trouble waiting to happen.
Posted by TDsngumbo
Alpha Silverfox
Member since Oct 2011
41608 posts
Posted on 9/28/15 at 1:55 pm to
quote:

This could be a problem if they ever sell the house. You'd be sharing a driveway with strangers, and that's trouble waiting to happen.

Yea, that's exactly why I'd rather have a legal roadway built. I just have no idea how one would go about doing that. I would assume we would have to buy the part of the land that the road is built on as well?
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65690 posts
Posted on 9/28/15 at 1:56 pm to
You'll need to have them agree to grant you a legal easement to access your new property.

I wouldn't proceed without it.

It protects you and them.

You: If you and the wife split up or want to leave and then the property is not marketable.

Them: If they want to sell their property.

If they give you shite about it, don't do it.

I would do it if I were them. I trust my loved ones.
Posted by Bluefin
The Banana Stand
Member since Apr 2011
13258 posts
Posted on 9/28/15 at 1:57 pm to
This is the perfect opportunity for you to build a secret passageway to your home and you're blowing it.
Posted by TDsngumbo
Alpha Silverfox
Member since Oct 2011
41608 posts
Posted on 9/28/15 at 1:58 pm to
quote:

This is the perfect opportunity for you to build a secret passageway to your home and you're blowing it.

Although that sounds tempting, I'm an adult.
This post was edited on 9/28/15 at 1:59 pm
Posted by Shackleford
Muscle Shoals, Alabama
Member since Jul 2010
122 posts
Posted on 9/28/15 at 1:58 pm to
You don't have to buy the land. I'm assuming if they are giving you part of the property, then you will have a revised deed with the land in your name. Just get a right of way agreement with the family. You will have to pay a registered land surveyor to draw it up and sign it to have it recorded. That way if you or your family ever sells the property, the driveway right of way will still be there.
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
108743 posts
Posted on 9/28/15 at 1:58 pm to
Just build your driveway and then go to the post office and tell them you need an address.
Posted by LSUBoo
Knoxville, TN
Member since Mar 2006
101919 posts
Posted on 9/28/15 at 1:59 pm to
Regardless of what you do, it's not likely to be a 'legal roadway' but instead a private drive.

quote:

the in-law's driveway would have to serve as a small part of the road.


I'd avoid that... I'm sure it'll be fine with the in-laws, but if they sell in the future it might get complicated. You'd have to make sure there was a covenant in there giving you access through their property to your property.

Your best bet is to create your own driveway on a strip of land that is sold to you in the deal. You'd probably have to do the "B" address, but that's no big deal.
Posted by LSUengr
Baton Rouge
Member since Sep 2005
2334 posts
Posted on 9/28/15 at 2:00 pm to
Each municipality is different. However, most will make you subdivide the parent tract into 2 separate lots. A servitude of passage would then be dedicated across their lot to get to yours. If you were building a separate driveway, you could do a flag lot with frontage on the highway. Most municipalities will make you have a new address for 911 purposes. Same address with different letters gets confusing in emergency situations.
Posted by TDsngumbo
Alpha Silverfox
Member since Oct 2011
41608 posts
Posted on 9/28/15 at 2:00 pm to
quote:

Just build your driveway and then go to the post office and tell them you need an address

Is it really that simple?
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
108743 posts
Posted on 9/28/15 at 2:02 pm to
quote:

Is it really that simple?


shite yeah it is. Bring your paperwork and say "look Mr. Postmaster... I need some road digits."
Posted by Cdawg
TigerFred's Living Room
Member since Sep 2003
59516 posts
Posted on 9/28/15 at 2:05 pm to
quote:

You don't have to buy the land. I'm assuming if they are giving you part of the property, then you will have a revised deed with the land in your name. Just get a right of way agreement with the family. You will have to pay a registered land surveyor to draw it up and sign it to have it recorded. That way if you or your family ever sells the property, the driveway right of way will still be there.

Most important part.
Posted by TheDude321
Member since Sep 2005
3157 posts
Posted on 9/28/15 at 2:06 pm to
quote:

Is it really that simple?


I think he was joking. Every municipality is different, but generally you would have to go to the city or county and have them agree that what you are doing is legal, then have them put up a sign announcing that the owner is subdividing the property and that residents have X number of days to petition against it. If the residents don't oppose it, then you might have to go through a re-zoning process (not likely since you're pretty much using it for the same reason the in-laws are), then you'll be assigned a legal description of the new property and a common description of the property (in your case, it sounds like address would include a "1/2" after the street number since all of the other numbers are already in use).
Posted by USMCTiger03
Member since Sep 2007
71176 posts
Posted on 9/28/15 at 2:08 pm to
Been a long time but I recall an aspect of La property law where an owner of property situated as you describe has certain rights or ability to obtain access, maybe a servitude of some sort.

Eta: something like this:
LINK
This post was edited on 9/28/15 at 2:11 pm
Posted by ForeverLSU02
Albany
Member since Jun 2007
52148 posts
Posted on 9/28/15 at 2:12 pm to
quote:

This could be a problem if they ever sell the house. You'd be sharing a driveway with strangers, and that's trouble waiting to happen.

This is happening as we speak with my buddy. He and his wife, at the time, built a big arse house on some land that his mom gave him. They are using her driveway as a right of way with no other access points. Now he's divorced and can't afford the house and may be forced to sell it. I'm thinking it's going to be almost impossible to sell the place
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167267 posts
Posted on 9/28/15 at 2:13 pm to
quote:

Just build your driveway and then go to the post office and tell them you need an address.




Actually you have to call the local 911 office to get your address. They're the ones that mark it now. Obviously don't actually call 911 but they have a number you call and they will come GPS where the culvert is and assign your address based off of that.

Also you need to have your inlaws just survey you out a 20-30' wide strip of land that connects to your land in the back and that way you never have to worry about fighting over easements.
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