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#homes #realestate #arizona hello everyone and thanks for watching this episode of trusted gallery of homes make sure that you like and follow us so you don't miss our next episode today we have chris wilson hi and kirsten introduce your your desk so i'm curious with lawyers title and i'm introducing tim muse with empire title and tim is the chief title officer for empire title and i asked you to come back because you're just a wealth of information i've worked with tim for years and years um i wanted you to talk about today legal access okay because that seems to be an issue with some people moving here or after they buy a piece of property what does that mean legal access okay well let's let's put a little spin on this since i'm not an attorney let's shy away from the word legal access and we'll let's do insurable access oh insurance since i'm more qualified to speak on insurable access which is actually uh in the marketplace probably you know when everybody's needing to have because you know when you buy and sell you need insurable access so let's talk about that okay insurable access what does act the insurable access mean okay well the um there was a time back in the day there that title policies did not ensure your access they only insured the title to your property uh i think it was late 80s if i remember right when the title policy started ensuring access as a standard coverage so um so i could buy property and not have yeah so if you were insured prior to the 80s your access probably wasn't a covered item in the title policy okay so uh now of course we have to not only check your title policy check your title on your property we have to make sure you get there i do know and you tell me if i'm mistaken at one time you could sell property that did not have access people do yes and and it's it's a little bit of a but they'll call it an urban myth maybe for lack of a better word every legend thank you thank you uh people do and and you know it when it comes to title insurance we we show that lack of uh action and a lack of access on the title policy and the buyers have to accept that and sometimes they do and sometimes and sometimes it kills the sale and what i always hear is but there's a dirt road right to that property and you're like oh yeah physical access but that does not until something's a gate out but that doesn't mean you have access just because there's a dirt road right and and i have talked to many people that says well i can drive there i said today wants to ensure that you can drive there forever right to the property and so you know we have to check it you know best case scenario is the property is on a dedicated street piece of cake sometimes uh many times properties are not on a dedicated street the next best scenario is a piece of property is connected to a dedicated street by an easement okay by a good quality easement that can be insured and of course worst case scenario it's out in the middle of nowhere and it has no access across no no easements across anything to get to it sometimes that um properties in the forest service if it's on a forest service numbered road most underwriters will be fine with ensuring access if the if the property butts on a numbered for service road and they usually have an exception on the policy it's something like terms and conditions of the impla put on the property by the u.s forest service by reason of you know traveling on their roads to get the property something like that very paraphrased so that's why sometimes you see these private road agreements is that right true true a lot of times the private road agrees agreements um include rights of ingress and ingress and then sometimes the private road agreements are just basically maintenance too so but those aren't these ones though no no i mean they can be dependent on the content of the agreement it can be if if the content uh is actually granting them ingress egress then we can use that to ensure the access on the property if it's just maintenance we usually need a little bit more uh i'm gonna back you up so if i live in our forest because we're surrounded by beautiful forest here and there's a forest service road numbered that means i have access to if my property abuts that road i have access to my property subject to the rules and regulations of the forest service yes and then even if if it's insurable access does that mean it's drivable no not always because it depends on your coverage there are certain like a standard coverage basically um for the lack of a better word paper access because you may have a recorded easement to get to your property sometimes that recorded easement goes over a cliff Thanks for watching the video Arizona Legal Access to Real Property. #realestate #arizona #homes #myprescottlifestyle #prescottaz #prescottarizona #bhhsaz #realestatebroker