As a title company, we know that legal access is a fundamental component of any real estate transaction. When a property doesn’t have proper access, it can create significant headaches and, in some cases, make a property unsaleable. Understanding Utah’s road classifications and how they impact a property’s access is essential for every real estate professional.
What is Legal Access?
In simple terms, legal access means a property has a legally enforceable right to get to and from a public road. A property that is “landlocked,” meaning it’s surrounded by other properties with no legal right of ingress or egress to a public road, can have a dramatically lower value or be impossible to sell.
A common misconception is that a long-standing, well-used driveway or dirt road automatically grants legal access. This isn’t always the case. An easement, or the legal right to use another’s land for a specific purpose (like a road), must be properly recorded and a part of the property’s title. Without this, the access could be challenged and revoked.
Understanding Utah’s Road Classifications 🛣️
Utah law classifies public roads into different categories, and these classifications are crucial to understanding a property’s access. The four main classes are A, B, C, and D.
Class A Roads: State Highways
These are the big ones! Class A roads include all state highways and interstates managed by the Utah Department of Transportation (UDOT). They are designed for high-speed, long-distance travel.
- Access Impact: Access to these roads is often heavily controlled. Abutting property owners typically do not have a direct, unlimited right of access. Instead, access is granted at specific points determined by UDOT for safety and traffic flow. This can affect any property, and may require a specific access permit.
Class B Roads: County Roads
These roads are located outside of incorporated municipalities and are managed by the county. They serve a vital role in connecting rural communities and properties.
- Access Impact: Unlike Class A roads, a property abutting a Class B road generally has a presumed right of access. However, counties still have jurisdiction and can manage or regulate access points for safety and other considerations.
Class C Roads: City Streets
These are the roads within the corporate limits of cities and towns that are not designated as state highways. They are under the jurisdiction and control of the local municipality.
- Access Impact: Similar to Class B roads, a property owner on a Class C road is presumed to have a right of access. However, city ordinances and regulations regarding curb cuts, driveways, and other access points must be followed.
Class D Roads: Other Public Roads
This is the most unique class. Class D roads are any other public roads that don’t fall into the A, B, or C categories. They are typically established by historical use or construction and are maintained for public use. They can include many of the “primitive” or dirt roads you see in rural and undeveloped areas.
- Access Impact: While these are considered part of the public road system, they come with a significant caveat: the county and state are not required to maintain them. They are used at the traveler’s own risk. For a real estate transaction, legal access is not insured on these roads.
The Title Company’s Role
During a transaction, we meticulously review the title and a survey of the property to confirm that legal access exists. We will verify that the property has a legal right to a public roadway, whether through direct frontage or a recorded easement. If the access is not properly documented, we’ll flag it as a title exception or require a resolution before we can issue a title policy.
When working with your clients, especially on rural or undeveloped land, remember to:
- Verify Access: Don’t assume. Always check for legal access to a public road.
- Check the Plat Map: The plat map can be an excellent resource for identifying recorded easements and public roads.
- Ask for Documentation: For private roads or shared driveways, ask for a copy of the recorded easement.
Consult a Title Expert: If you’re ever in doubt about a property’s access, reach out to us! We’re here to help you and your clients navigate these complexities and ensure a smooth, worry-free closing.