deed for street purposes
The title report I'm working with has the "deed" for street purposes as an exception in the legal description: Except that portion conveyed to the city of X for street purposes under recording number 1234. However, when I look at the recorded document it says Deed for street purposes in large bold letters on the top but further down it states that the grantor conveys and warrants, for street purposes, a street and utilities easement.
So at first I thought that since it's an exception to the legal description that I would take the area out of the property but now I'm thinking that even with the exception that the ownership of the property was not conveyed by the deed, rather it's an easement and I should leave it in and show it as an easement. I emailed the title officer about getting the exception removed from the legal description but haven't heard back yet
I don't know how they could have made it any more confusing
I just love those sort of documents. Have seen the same thing too many times. What confuses people anymore is that an appraiser will decide what the change in value of the property will be once the document is recorded. They assume this means they are truly selling the tract when what is really happening is just an easement that is worth as much as the land value to the recipient.
The best way to handle that is to show the original lot line and note the "Deed for street purposes" with the filing document referenced. It is an exception to your deed so you have to show it. Show the facts and let the others fight out what it means legally. Just my own opinion for what it's worth.
Where it gets really fun is the situation where the initial R-O-W line was at, say, 25 feet from the section line. The so-called deed/easement is for an additional five feet for a total of 30 feet. The first 25 is clearly an easement. Anyone assuming the "deed" is truly a taking in fee simple for an isolated strip is a ***********.
I know that word!!!!!