Title insurance / mortgage for property that includes "paper alley"?

[Rosemary Nadler]

Hi, I'm looking to purchase a 3 acre property that is at the dead end of and perpendicular to a road maintained by the county.  The property is part of a large subdivision from the late 1890's and per the original map, the "road" extends through and beyond the property that I'm interested it.  So basically, I have a 50 foot "paper alley" that runs through the middle of the property .  Request for quiet title/deed is not feasible give number of owners in subdivision. 

Looking for feedback on issues that may arise with title insurance, mortgage, etc.  and what may become issues for me if I buy the property and look to resell in the future.  Appreciated any advice. 

[Peter Walther]

I suggest you read the proposed legal description carefully as it may less out the alleyway, in which case of course you will not get title to it.

If the legal does include the ally, I suspect your policy may have an exception for all matters as shown on the plat recorded in Plat/Map Book 00 at Page 00 which would include the ally.

I believe it should be possible for you to petition the county/city/town to vacate the public ROW which would not extinguish private rights.

There may be a way to obtain a declaratory judgment extinguishing the private rights, so I'd probably look to see if there are any similar alleys in the s/d and see how they were delt with if at all and speak with an experienced real estate attorney in the area the property is located.