Here is a weird situation…
I performed a survey of an existing boundary and found the town had paved a street on my client??s property. The property area is less than half of one acre and about 90% of the paved road is crossing the boundary. This would amount to approximately 12 percent of the client??s property being used as a public way.
The situation was explained to the owner and the survey was recorded. I gave copies of the survey to the town Highway Superintendent, and painted the boundary line on the pavement between the corners that were set. The Highway Superintendent feigned concern, but has done nothing.
A while later the client sold the property. The deed of conveyance does not mention the survey that I performed. It does refer to an older survey that also shows the pavement, but notes that it is a driveway.
The street is not a driveway and it is being used by the public. Besides, there is a county layout in the record for the street dating back to 1946. The street is almost entirely outside the layout lines.
I wanted to speak with the new owners to see if they are aware of the situation and if they are aware of the survey I performed for the previous owner, but my assistant told me it is no longer my problem. I am inclined to believe the previous owner and their attorney misled the people buying this property by not disclosing the survey in order to sell.
Would you contact the new owners?
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