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kduree

Perfect lot but steep easement for a driveway

7 years ago
last modified: 7 years ago

We have been looking for a lot for over a year and finally found a rather flat lot for a good price. The problem is that it is landlocked and the easement is through a common ground area that is basically a steep wooded hill. We have 20' of width running through the easement to put in the driveway/grade on either side. Would you buy the lot you've been dreaming of and put up with a steep driveway or would it be a deal-breaker? We live in MO so snow/ice is definitely a concern. They have priced the lot to account for this issue - it's about 70% the cost of others in the area.



Comments (30)

  • 7 years ago

    Post a photo of the lot or a plan

  • 7 years ago

    From what we can tell, the easement runs through the triangle just off Branch Road (priced at $0) and starts just across the street from Ivy Chase Lane.

  • 7 years ago

    It really comes down to money. If you can afford to heat the driveway then ice/snow is not an issue, but why do you feel this is the perfect lot otherwise? What will be done in that triangle area that your driveway will be going through?

  • 7 years ago
    last modified: 7 years ago

    The triangle area is common ground for the neighborhood next to the lot so it will only have our driveway (due to an easement). The triangle is just a steep wooded hill so we're assuming it will never be used by them and will just end up making our lot feel larger.


    We have been looking in this area for a long time and there are not many lots available. Those that come up for sale are over $100k for an acre (this lot is .83 acres and we think they would take less than the $60k they are asking) so the pricing is much more in our range. The school district and location is ideal for our family and we'll otherwise need to move farther out from the city and add 10-15 minutes to our commute time. The lot itself is pretty flat, it's the steep hill leading up to it that causes concern.

  • 7 years ago
    last modified: 7 years ago

    I think I would be concerned about that triangle piece either way. You could have all the neighborhood kids end up playing there etc. I would consider asking for that piece to be part of the property. Yes you can't do anything with it, but you can protect your investment such as your driveway. If you own the property then it is possible to cut out the hill part to make it a less steep slope - the cost of this will depend on what the hill is made of. Ie rock vs. dirt etc.

    I'm in TX so on icy days everyone stays home, but I'm in a hilly area and it is common to make the driveway less steep by cutting into the hill to put the driveway down a little so the steepness is less.


    Here's a random picture I found online that shows it cutting a driveway into a hill

    http://www.bongobongostjohn.com/blog/images/driveway-better.jpg

  • 7 years ago

    Can you "borrow" an easement from a house on the cul-de-sac, a deed-in-perpetuity or something, to have better access? I would NOT want such a steep driveway coming down to a road like that. On the other hand, you probably wouldn't need a sump pump.

  • 7 years ago

    How steep? 20 ft. isn't very wide to get a 15 ft. wide driveway (so two vehicles can safely pass), utilities, and grading that makes your driveway maintainable. You may spend the difference in price on driveway and utilities (does gas, electric, water and sewer have to come up this easement?).

  • 7 years ago

    I disagree with most here. You have the ability to build your house near a neighborhood (that appears to be popular / should have decent amenities around) and in your school district. You are getting an easement.

    As long as the easement is "forever" - then what is the worst case scenario? You have to buy a tractor to plow your driveway / sand it / salt it? (no one in their right mind would heat this...)

    DO keep in mind that when positioning your house - you can truly only control YOUR property - i.e. don't bias your house far away from existing neighborhood - because you never know what will happen to that next plot to the "south" - usually newer neighborhoods are not less dense.

    If you like the area, and can get good protections on the easement (consult good RE attorney) then go for it!

  • 7 years ago

    I wouldn't buy a lot only accessed by a private easement and I wouldn't buy a lot with a steep driveway so two strikes for me.

  • PRO
    7 years ago

    If the weather is terrible and you don't have a contract with a company to plow it (they plow those who have contracts first!), then are you prepared to WALK up that hill in the winter? I don't think a heated driveway would do much good in your climate. This lot is priced as it is because it has a serious defect. Only you know if you can afford to deal with that (running that driveway a significant distance at what might be a high cost, and deal with the inconvenience in winter.

  • 7 years ago

    How steep would the driveway be without any regrading? My parents built a house on a steep hill in Michigan. their driveway changes elevation approximately 15' in a distance of 90'. That's a 17% grade. They did a sweeping curve and even clipped off the top of the hill to make the grades less steep. Even so, in ice and snow no vehicle without all wheel drive can make it up the slope, and even my Jeep couldn't make it up once. It doesn't sound like you are going to have many options to regrade with a 20' easement. If you dig into the hill you will either have slopes that funnel all of the adjacent runoff onto your driveway or be installing retaining walls all the way up.

  • 7 years ago

    I would want to do some due diligence before committing. What is the elevation change between the house and the road? What would the slope of the driveway be? Talk to an excavator about how feasible and costly a driveway in that location would be.

    I live in a much more mountainous part of the country, and a lot of people here with steep driveways find a place to park where their driveway meets the road. When snow is predicted they park their cars at the road and walk in and out so that they don't have to deal with navigating the driveway. Would there be room for a small parking pad just off the road along your driveway?

    Finally, I agree that it wouldn't be a bad idea to propose that they allow you to purchase the common area land. Perhaps they can encumber it in such a way that it can't be built on, but it would give you more full control of your access. They may not go for it, but it can't hurt to ask.

  • PRO
    7 years ago

    Easy solution: Tunnel to the lower level garage.

    Have you considered contacting a local architect to help you evaluate the site? (don't let my solution persuade you negatively)

  • 7 years ago

    bpath Oh Sophie looking at the homes I am not sure where we would be able to gain an easement through the neighborhood


    Seabornman we are very early in this process but it is currently our understanding that yes, utilities will be coming up the easement.


    just_janni agreed on the heating – I mentioned it to my husband as an option when we were at the property yesterday and he just gave me “the look,” ha.


    Anglophilia we own a bobcat and my husband plows snow with it. The biggest concern would making sure our driveway takes precedence over others!


    A Fox we have only walked the property so I’m not sure of the actual steepness. We only own 4 wheel drive vehicles but I know that even those won’t make it up an icy hill.


    Kristin S I agree with all your points. My husband was in excavation early in his career. He has the skills to figure this out but we are so early in the process I didn’t want to get my hopes up/pour our time into looking into this property if the majority of opinions were negative

  • 7 years ago

    We are in Illinois and if you have a steep driveway that is not heated you may just be stuck at home. i actually know one family that parks their vehicle at the bottom of the drive and walks up and down the drive in icy conditions.


    You didn’t say what part of missouri. Obviously the southern part can go days and day in the winter without having school Similarly to southern Illinois.


    i think I would keep looking if I were you.

  • 7 years ago

    If you were to use a ground loop heat pump for your house The output water could heat the drive to keep it above freezing.

  • PRO
    7 years ago

    As is often the case, Virgil has offered the most sage advice here. Is it possible to write a contract that allows you to study the feasibility of the driveway? Before the civil engineer can look at this with any precision s/he will need topography of the site. Normally that would be at your expense.

  • 7 years ago

    How much is that driveway going to cost? It would seem to eat up much of the discount.

  • 7 years ago

    I think it will be a very expensive driveway.


  • PRO
    7 years ago

    I still think the tunnel is a good solution.

  • PRO
    7 years ago

    Your question has two dimensions: feasibility and cost. If you choose to make an offer on the property, negotiate a 60-day or 90-day study period during which you can perform due diligence (survey, soil test, professional cost estimates, etc.) and which allows you to walk away if anything is well, unearthed, that makes the lot a no-go.

    If any portion of the driveway is shared with another property owner, you'll be well-served to record a shared driveway agreement that documents sharing of ongoing maintenance and expense.

    If you opt for the tunnel as per Mark's suggestion, you should ensure that all mineral and gas rights transfer to you or you'll risk the possibility of somebody setting up shop in your tunnel.

  • PRO
    7 years ago

    Basement and tunnel...?



  • 7 years ago

    Let's slow down a bit. Your interest in this lot is 100% due to it being just *****$40,000***** cheaper than otherwise similar lots that don't have the defects in access. Yet most of the solutions and mitigations proposed (leaving aside the obvious jokes like a tunnel) would certainly cost at least that amount, or more.


    And while the $40k discount is fixed and certain (you'll never see any other upside), the actual as-built cost and ongoing cost of ownership of that lot - including all the grading, heating, maintenance, need to purchase only 4WD vehicles, slip and fall, and reduced resale value - are uncertain, and could increase without any limit. Imagine you do the engineering and grading to create a useable driveway and roadside parking pads......then in 5 years comes a 100 year storm, the driveway washes out, you're stuck parking a mile away, and your downslope neighbors are threatening lawsuits over the liquid earth pouring off your driveway, that is threatening their foundations. Etc.

  • 7 years ago

    Check with your fire department to be certain emergency apparatus can get to you. Steep roads, narrow lanes, and difficult turns can greatly impact response time.
    In Oregon, driveway approval by the fire department is a prerequisite to a building permit. Even if your jurisdiction doesn't require this, you need to know before investing.


  • PRO
    7 years ago

    I'm guessing this lot is not the bargain it appears to be.

  • 7 years ago

    I'm not a pro, so I have no idea how difficult or expensive it would be to put a driveway in that space. However, my advice is don't settle for this property just because it's in your price range and desired area. You said you've been looking for over a year. It's frustrating when you don't find anything. I almost fell into the trap of buying something I "kind of" loved. I'm sure it would have been okay but, in retrospect, I'm so glad we didn't seal the deal. If you really, truly, deep down love this plot of land, do it. But, if you're doing it because you're getting a deal, getting tired of looking, "it's okay enough", just don't.

  • PRO
    7 years ago

    Even if the cost of the tunnel brought the cost of the lot up to the cost of the other lots in the area, you would still have a very cool tunnel.

  • PRO
    7 years ago

    And...at night you could play the Batman theme and shine the symbol from your hilltop abode...


  • 7 years ago
    My parents house in the mountains has an 18% grade. My dad owns a John Deere with snowblower do they can get out in the winter; otherwise they cannot (even of plowed, it’s the ice that gets them). I went off the driveway once and broke both axels of my car. It’s not fun or pretty and I wouldn’t hide it. The number of delivery people who get stuck there is astronomical and they have to haul their trash all the way to the top as the trash people won’t come down it...
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