Boundary ?

September 19, 2008
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Posted By fls. on 9/19/2008 at 7:46 AM

A guy buys a parcel of land that has an abandoned town road next to it on the west. Very old road not sure when it was abandoned yet. This guy then subdivides his land and although there was a question of ownership to the abandoned road, he moves ahead and does not have the old road parcel in the boundaries of his subdivision map. (original surveyor may have dropped the ball???) Now he conveys large estate size lots per his tract map and many years later (15 +/-years) a larger parcel owner has me do a boundary survey. Her deed calls for the Lot#, Section, and Tract Map as her description no metes and bounds or calls, just refers to tract map. Her westerly line per the tract map's metes and bounds is easterly line of old road(per field measurements). No notes about the old road on tract map, nor is the old road graphically plotted on the tract map. She calls the town and the town tells her that when a road is abadoned the landowners on both sides get title to the centerline of old road,ect,ect,ect. She calls me and tells me she should have 1/2 the roadbed, I tell her its not in her title, nor is it in the parcel originally subdivisded by the developer. She calls 3 times to discuss after the town tells her something different. And my answer is the same its not in her deed, the devloper would have to pursue it and if proven and won in a possible court case he would then have to deed it to them. I told her she could hire me to look through and research the old title to give an opinion on the title to the old road, but at that point she would have to get an attorney to take it from there. She calls back with a quote to her deed, "Together with all the right, title and interest, if any, of the party of the first part in and to any treets and roads abutting the above described premises to the center lines thereof". This is somewhat a standard phrase in this area when title goes to the centerline of a open road.

Any ideas of what to tell this lady?

thanks

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