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Buying a home and land with state right of way....advice?

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  • #16
    Originally posted by AKDoug View Post
    I'll also add that any time you buy property with road frontage you are in risk of the government declaring eminent domain and forcing you to sell the property to them.
    To clarify, they could do that anywhere, you're just closer to possible large highway projects when you're next to the road.

    If there's a ROW over your parcel, you usually can't put any obstruction in it, I think. I'd generally consider it not mine, for simplicity's sake, though there might be something you can use it for.

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    • #17
      Originally posted by ManOrMoose View Post
      To clarify, they could do that anywhere, you're just closer to possible large highway projects when you're next to the road.

      If there's a ROW over your parcel, you usually can't put any obstruction in it, I think. I'd generally consider it not mine, for simplicity's sake, though there might be something you can use it for.
      I learned today that the ROW issue only involves the old Glenn hwy ROW and extends 25 feet onto the property. Which really isn't a big deal. And that before we moved in, the septic must be updated. $5200. The seller Is motivated however, and is willing to help pay a portion. So now we wait and see what we can negotiate..... Thanks everyone for the advice, it is much appreciated.
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      • #18
        AKDoug brings up a great point. If the ROW is along the roadway, like it sounds like it is, then plan ahead. If you want some kind of buffer between your property and the road such as a line of trees/brush, don't count on the stuff in that ROW area. At some point down the line, there is a good chance some form of road work will come through and take that out. Make sure to grow a buffer on your property outside of the ROW area so there is something left if they clear the ROW.

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        • #19
          It has already long been cleared. Jus wasn't sure how far in it went. And wondered about the driveway and possible fencing options and " need to know" stuff
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          • #20
            A section line easement is also a right of way.


            Sent from my iPhone using Tapatalk

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            • #21
              @ Hunt&FishAK,

              Land law is a byzantine construct that frequently makes little sense but seems to work because it has to.

              I have seen in Anchorage where the taxable acreage is reduced by how much the right-of-way extends onto the property. If you are buying 1.03 acres and the ROW occupies 0.1 acres of that then you may see the tax assessment based on 0.93 acres. Something to look into.

              Also, the BLM will likely have no useful information on the property. They keep track of Federal interests, and once the land is conveyed to the State that is the last thing noted on the BLM land records. Any subdivision and subsequent title change is all recorded at the DNR Recorder's Office. See http://dnr.alaska.gov/ssd/recoff/

              The original ROW will have been recorded and will show up on a title search for the property. It spells out the size and uses allowed. Anything the state wants to do outside the written size and use constitutes a taking and if allowed under eminent domain requires the State to compensate fair market value.

              One last point, practically speaking rights-of-way and easements are the same thing. I have seen documents that describe a right-of-way but call it an easement, and vice versa. What matters is the language in the legal instrument establishing the right: not what it is called but what it says. And jurisdiction matters, something that applies in Louisiana may not apply in Alaska. So if you have any concerns about encumrances on a parcel of land you should invest a little time and money in consulting a local expert.

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              • #22
                Originally posted by ChugiakTinkerer View Post
                @ Hunt&FishAK,

                Land law is a byzantine construct that frequently makes little sense but seems to work because it has to.

                I have seen in Anchorage where the taxable acreage is reduced by how much the right-of-way extends onto the property. If you are buying 1.03 acres and the ROW occupies 0.1 acres of that then you may see the tax assessment based on 0.93 acres. Something to look into.

                Also, the BLM will likely have no useful information on the property. They keep track of Federal interests, and once the land is conveyed to the State that is the last thing noted on the BLM land records. Any subdivision and subsequent title change is all recorded at the DNR Recorder's Office. See http://dnr.alaska.gov/ssd/recoff/

                The original ROW will have been recorded and will show up on a title search for the property. It spells out the size and uses allowed. Anything the state wants to do outside the written size and use constitutes a taking and if allowed under eminent domain requires the State to compensate fair market value.

                One last point, practically speaking rights-of-way and easements are the same thing. I have seen documents that describe a right-of-way but call it an easement, and vice versa. What matters is the language in the legal instrument establishing the right: not what it is called but what it says. And jurisdiction matters, something that applies in Louisiana may not apply in Alaska. So if you have any concerns about encumrances on a parcel of land you should invest a little time and money in consulting a local expert.

                Thanks for the advice . We settled on a much nicer place in the valley without easement issues .
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                • #23
                  Originally posted by Hunt&FishAK View Post
                  Thanks for the advice . We settled on a much nicer place in the valley without easement issues .
                  A happy ending.

                  Easements and right of ways can be a pita.

                  When we buy again, I don't want much road frontage, no waterway frontage with moving water, nothing around bridges,
                  also nothing with things like pipelines or power lines crossing the property, etc...

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                  • #24
                    The comments about trees and shrubs landowners have in the r.o.w. reminded me of my time as a Road Service Area Board member. People would plant expensive trees and shrubbery right up to the ditch line well into the r.o.w. and then throw a screaming fit when maintenance came along and wiped them out. It's odd how many people think they own right up to the pavement or gravel shoulder when they actually do not. I have even seen people build expensive monuments at the end of their driveway only to have them removed later.
                    Hunt Ethically. Respect the Environment.

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                    • #25
                      Originally posted by gepasd
                      How large is the parcel and what type of right away is it? If the parcel is large enough, then a right away may not be too big of an issue. When we bought our place, we knew that there was/is a right away along our back side, but that goes with being on a section line.
                      Incase you didn't notice, this thread is 5 years old and the op hasn't posted anything since that time after stating he bought a different parcel. Just sayin' in case you were looking for a response from him.
                      Sheep hunting...... the pain goes away, but the stupidity remains...!!!

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                      • #26
                        Originally posted by 4merguide View Post

                        Incase you didn't notice, this thread is 5 years old and the op hasn't posted anything since that time after stating he bought a different parcel. Just sayin' in case you were looking for a response from him.
                        It's advertising. Probably a bot. Or perhaps just a low-tech low-budget actual human version; same same. It dredges up ancient threads which meet the subject matter of the links it's looking to insert, and contrives some BS statement (or often just a cut and paste plagiarization of an earlier post. This was originally the case here; note the post you responded to was just a cut/past of post #3. This is also is the case with its latest post in another thread) which seems consistent with the theme of the thread, and then inserts the link(s), for which it earns perhaps a penny or two. I've reported it a few times, and others like it, but whoever reads those flags doesn't seem to care.
                        ...he who knows nothing is nearer to truth than he whose mind is filled with falsehoods & errors. ~Thomas Jefferson
                        I would rather have a mind opened by wonder than one closed by belief. ~Gerry Spence
                        The last thing Alaska needs is another bigot. ~member Catch It

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                        • #27
                          Believe it's a bot. Same name has appeared on various posts scattered throughout the forum. "New posts" pop up, I wonder how I missed the topic, then see that gepasd has posted on a 5 -8 year old topic.

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                          • #28
                            Originally posted by stillapa12drvr View Post
                            Believe it's a bot. Same name has appeared on various posts scattered throughout the forum. "New posts" pop up, I wonder how I missed the topic, then see that gepasd has posted on a 5 -8 year old topic.
                            There have been a few of them showing up since the new forum software came to bear. I've reported this one a dozen times....

                            ...he who knows nothing is nearer to truth than he whose mind is filled with falsehoods & errors. ~Thomas Jefferson
                            I would rather have a mind opened by wonder than one closed by belief. ~Gerry Spence
                            The last thing Alaska needs is another bigot. ~member Catch It

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                            • #29
                              The "bot" post must have been removed. I'm looking at the first post after the 5-yr hiatus and it is from SmokeRoss. I don't think he's a bot.

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                              • #30
                                Originally posted by NRick View Post
                                The "bot" post must have been removed...
                                Yeah, looks like somebody deleted this post today. But the bot account still exists...so it'll pop up again in some other thread.
                                ...he who knows nothing is nearer to truth than he whose mind is filled with falsehoods & errors. ~Thomas Jefferson
                                I would rather have a mind opened by wonder than one closed by belief. ~Gerry Spence
                                The last thing Alaska needs is another bigot. ~member Catch It

                                Comment

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