Upon review of the Title Commitment, the buyer discovered that there is no legal access to the subject property. The property is accessible pursuant to a fairly well-worn roadway, but there is no specific easement or other legal mechanism recognizing the roadway and access. The title company will not insure access and, in fact, has proposed to exclude legal access from the title coverage provided.
May the buyer close escrow even though there is no legal access?
Generally, a buyer should have insured legal access as a condition to closing escrow. Here, the buyer wants to proceed with closing with knowledge of the access problem. The broker should disclose in writing the potential problems with legal access and discuss the lack of title insurance with the buyer. The broker should also advise the buyer to seek independent counsel before closing escrow.