My question involves real estate located in the State of: SC Aiken County
Purchased a lot with cash last year, used a real estate agent.... Fast forward and I've contracted a builder to build a home but we seem to be having some issues regarding a Private Road Maintenance Agreement... I did't know even know ANYTHING about it until we started working with the builder, it was never brought up during my purchase (I assume since I paid cash??). I provided the deed that was sent to me showing the ingress and egress and we all moved forward with the contract. Now it comes up last week their attorney (not selected by me, builder incentives required me to use their chosen one) says we need a private road maintenance agreement in order to build (and there's not one on file with the county, I checked). The lender will require it. The lender just needs to be sure they will have access to my lot in the event of a foreclosure which the ingress and egress would allow correct??
I spoke with the attorney yesterday and came away even more confused, he looked it up real quick and found out 1 person "owns" the road, they've been paying the taxes. There are 3 other houses there, 2 since the 70's and 1 build in the late 90's. I have yet to speak with them about it but honestly, I'm trying to avoid that if possible.... So wouldn't all of this come out during the title search when I bought the land? I did purchase Title insurance on the land if that helps.
I know it's good to have something legal on file regarding the road maintenance but at this point I'm just looking to get the house started.... I've reached out to the attorney that closed on my deal last year, haven't heard back yet. I'm hoping he can clear this up or at least explain it to me better.... In regards to the Deed, here's what it says about Ingree & Egress......
Together with ingress and egress over and across Kimberly Lane as referenced on the aforesaid plat.
Help me out guys, what's the deal here?
Purchased a lot with cash last year, used a real estate agent.... Fast forward and I've contracted a builder to build a home but we seem to be having some issues regarding a Private Road Maintenance Agreement... I did't know even know ANYTHING about it until we started working with the builder, it was never brought up during my purchase (I assume since I paid cash??). I provided the deed that was sent to me showing the ingress and egress and we all moved forward with the contract. Now it comes up last week their attorney (not selected by me, builder incentives required me to use their chosen one) says we need a private road maintenance agreement in order to build (and there's not one on file with the county, I checked). The lender will require it. The lender just needs to be sure they will have access to my lot in the event of a foreclosure which the ingress and egress would allow correct??
I spoke with the attorney yesterday and came away even more confused, he looked it up real quick and found out 1 person "owns" the road, they've been paying the taxes. There are 3 other houses there, 2 since the 70's and 1 build in the late 90's. I have yet to speak with them about it but honestly, I'm trying to avoid that if possible.... So wouldn't all of this come out during the title search when I bought the land? I did purchase Title insurance on the land if that helps.
I know it's good to have something legal on file regarding the road maintenance but at this point I'm just looking to get the house started.... I've reached out to the attorney that closed on my deal last year, haven't heard back yet. I'm hoping he can clear this up or at least explain it to me better.... In regards to the Deed, here's what it says about Ingree & Egress......
Together with ingress and egress over and across Kimberly Lane as referenced on the aforesaid plat.
Help me out guys, what's the deal here?
Use and Enforcement: Private Road Maintenance Agreement to Build on Land
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