Share:
Notifications
Clear all

ROW vs Property Line Corner POBs

Page 1 / 3
Big D
(@big-d-2)
10+ posts Member

Does the phrasing in the deeds of lots along a county road with a currently 50 foot easement have the effect of keeping the property corners in the middle of the road per the original 30 foot easement in the 1930s when it states the common legal catch all clause --
"Subject to... any prior easements, etc." The previous property owner states that a large metal rod was driven down into the middle of the road and locates the corner. When doing research on the "chain of title" there is an error in the deed numbers (a number missing) which prevents moving into the deed previous by surveyors who do not want to go back to the original deed and work forward (too time consuming). The recent surveys use the edge of the 50 foot right of way as the "corners" and the original first deed states from the middle of the road. If the dimensions are maintained through time that means that there is a 25 foot gore/gap due to the easement and an additional 25 feet taken out of the larger "senior rights" property. How does this get unraveled? Should the back lot lines be moved forward 25 feet to the middle of the road? Wonder if anyone has any insight into how to determine this before someone puts up a fence to "claim": their surveyor "granted" land?? Thank you for your answers!!

Quote
Topic starter Posted : October 3, 2021 10:36 pm
Bill93
(@bill93)
5,000+ posts Member

In many states the rural roads are an easement with the fee ownership going to the aliquot (e.g. section) line near the center of the road.   If there has been no fee acquisition by a governing body that may be your case.  I have seen monumentation set both in the road and at the edge of the ROW for the same property, and also monumentation only at one or the other.  I believe Iowa exempts the road easement from the taxed acreage, but I have seen some county GIS systems fail to distinguish this.

(IANAS, so double check me)

ReplyQuote
Posted : October 3, 2021 10:43 pm
Mark Mayer
(@mark-mayer)
1,000+ posts Member

There is no pat answer to your question. To determine the boundaries of your property I would want read your deed description and the descriptions of all your adjoiners. I'd like to read the description of the parent parcel, before your lot and those of your adjoiners lots were created.  I'd like to see any available survey maps. I'd want to know something about the customary local practice.   And I'd be looking at the dates on all these. In short, sometimes descriptions start on the right of way line and sometimes they start at the road centerline. In my area, in general, very old descriptions use the latter form and newer ones use the former. Your area may be different.   

ReplyQuote
Posted : October 3, 2021 10:48 pm

Big D
(@big-d-2)
10+ posts Member

This is a no fee paid easement under the original "road act" of 1802. The original deed of the 1930s states the middle of the road where the metal rod monument does exist per the previous owner and later more recent surveyors who did not go back to the beginning placed the corners on the edge of the current 50 foot easement edge as the easier solution. With the "Subject to.... " clause in the various later and following deeds, should not the corners be returned to the middle of the road and 25 feet added to the back senior property? 

ReplyQuote
Topic starter Posted : October 3, 2021 11:02 pm
Lurker
(@lurker)
200+ posts Member

What makes placing the corners at the ROW the "easier" solution? It really is a matter of the ROW being held in fee or as an easement. What is a "fee paid" easement?

ReplyQuote
Posted : October 4, 2021 5:36 am
Brad Ott
(@brad-ott)
5,000+ posts Supporter

@big-d-2 probably not.  Re-read Mark & Bill’s comments carefully.

ReplyQuote
Posted : October 4, 2021 5:38 am

Bill93
(@bill93)
5,000+ posts Member

It would help get better answers to know what state this is in.

ReplyQuote
Posted : October 4, 2021 5:44 am
Peter Lothian
(@peter-lothian)
500+ posts Member

There is also a common law principle in play here, that may be affected by court decisions in your state, or legislative acts (statutes) may have altered the common law principle. I'm referring to linear monuments, such as rivers, roads, stone walls, etc. You should look this up as it applies in your state.

ReplyQuote
Posted : October 4, 2021 5:57 am
Dave Karoly
(@dave-karoly)
10,000+ posts Member

The presumption is the centerline is the boundary.

The Deed description’s primary function is to identify which tract is the subject matter of Deed. Boundaries are a secondary function and rights can carry forward even though subsequent title transfers do not mention them.

A Deed transfers or purports to transfer title of the subject matter from Grantor to Grantee. The examination of what title was transferred is strictly limited to the four corners of the Deed (and others within the chain of title) but the examination of the boundaries of the subject matter requires a broader investigation into record evidence and physical evidence, extrinsic evidence is not only allowed it is often required.

It is most likely that the boundary is the road centerline but as others have said a complete investigation should include the title and survey history in case there is something that overcomes the general information above.

ReplyQuote
Posted : October 4, 2021 6:03 am

MightyMoe
(@mightymoe)
5,000+ posts Supporter

It sounds like you have retraced the chain. I know some title people that would advise the owners to do a quiet title action to resolve the issue. I just finished one,

I don't know how expensive it ended up being but I recommended not doing it and simply take the property. They disagreed and now the title is "clean" for sure. I felt it wasn't needed, but I'm not a lawyer. 

That was for a stream, this is for a road.

Consult the title people/lawyer involved. Tell them what you know, show them the chain and let them continue the research and come to a decision. 

ReplyQuote
Posted : October 4, 2021 6:12 am
aliquot
(@aliquot)
1,000+ posts Member

In most states either the courts or statute addresses this. In most states the burden to prove that a strip under a road was left out of a conveyance is substantial. The assumption is that the grantor did not intended to retain a strip of land that is useless on its own. 

The details of course vary by state and by the particular facts in each case. 

In many areas is is common practice to monument the ROW and not the boundary in the middle of the road for practical reasons. In this case the monuments act as witness corners and help the landowners understand where they can develop and/or exclude the public. 

This post was modified 2 months ago 4 times by aliquot
ReplyQuote
Posted : October 4, 2021 7:29 am
BStrand
(@bstrand)
1,000+ posts Member

Need to find out what interest the government has in the right of way.

ReplyQuote
Posted : October 4, 2021 10:10 am

Big D
(@big-d-2)
10+ posts Member

@lurker It is a easement that the county did not pay anyone for. AKA "fee paid". The ROW edge corners increase the lot sizes.

ReplyQuote
Topic starter Posted : October 4, 2021 12:02 pm
Big D
(@big-d-2)
10+ posts Member

@bill93 Sorry... It is a metes and bounds - PA

ReplyQuote
Topic starter Posted : October 4, 2021 12:03 pm
Big D
(@big-d-2)
10+ posts Member

The day of creation deed has the boundary corner (as was standard of the 1930s) being the mid point in the road easement (now increased up to 50 feet as the current standard easement through a property for county. It is now 33 feet for township). The road gets paved of course and widened in ROW over time. If a ROW edge "corner" is used (or is it a "witness corner" 25 feet from the road center?), will the lot keep "growing" with additional increases of the easement? What happened to the now 25 foot strip under the road? Did it get "reassigned" by default back to the senior property that surrounds the road and the smaller home lots? Surveyors (as in this case) do simple "deed stake outs" and do not see the need for asking someone for a complex and involved "retracement" when they are only charging someone $500. This leads owners to believe that what they own per what is on their deed is the whole story. This type of possible consumer fraud complete with the expected "pin cushion" corners, leads to boundary disputes. Surveyors in this type of scenario wont even indicate a line goes through a building if their is a mistake from a past survey. They just figure that it is now over 21 years so let those pesky neighbors fight over "adverse possession" if they want to. Perhaps this is what was meant by "easier".

ReplyQuote
Topic starter Posted : October 4, 2021 12:28 pm

Page 1 / 3
Share: