Posted By rockin- the-rod on 12/2/2009 at 4:25 PM
So, I've got three contiguous parcels about 12 acres each, and one of the deeds says "subject to a ROW crossing the property". The title report comes in and says subject to a 25' row as shown on tax map and mentioned in book 1935/ page65. How does a tax map ROW correlate to this vague mention in a deed? What if the tax map entry is wrong? The 1935 USGS quad shows a trail or road in a different location than as shown on the old tax map. The present physical trail (not really a road) could not be passed by a car without 4 wheel drive. How would you address the title company which is relying on a "tax map"?? How does a tax map become a defining article of title? How did the ROW attain a width?
deed says "subject to a right of way crossing the property
December 3, 2009