Maybe I'm reading the OP incorrectly, but I'm guessing the 30' wide strip is just being expanded to create the 10.73 Ac. So there are two tracts, 10.73 and a 1.27 Ac. tract that includes the easement.
Currently its technically all 1 tract (12 acres) there is an easement for a private dirt road over a 1.27 acre area of the 12 acres
Thanks for your thoughts. I think what I will do is tell the buyer splitting off 0.06 acres would require a subdivision plat, approximately 3 months of county red tape, and about $12,000, which is about what it would be. That will probably dissuade them as they are in a huge hurry and not patient. And I'll just email the title company and mention what the buyer requested with the 30' easement, hopefully that info makes it to the seller.
No, do not do this, do not lie to your client and make up a reason, just to make it easier on you, if you lie once they will never trust you again. If you can split the 30 foot road without a subdivision plat, then he knows you can split the 0.06 acre without one. In Texas tracts bigger than 10 acres do not need a subdivision plat to divide.?ÿ
Just tell him your profession opinion is you should buy 10.7X acres.?ÿ?ÿ
Just my worthless two cents, but if you were to exclude the 30' access easement so that title for it remains with the seller, one: you're creating a useless parcel that should have been dedicated as ROW if it was to be excluded at all, and two: a title issue down the road as once that easement?ÿhas been excluded, the parent parcel is no longer whole. Around here?ÿthat would constitute an illegal subdivision without having gone through the platting process and you don't have an acceptance of who is responsible for upkeep of the road.
The odd part of the situation is that the OP is taking orders from the buyer and not from the owner of the land. It happens from time to time but at least where I work I have a (fiduciary) responsibility to the public and sometimes my client needs to understand that and why. The seller is also the public as are those who have easement rights across the land.?ÿ
I would not compromise the sale, transaction or what ever you call it by doing doing what is described here unilaterally. In a case like this, one needs to consult the purchase and sale agreement and the brokers of the transaction and have a letter of instructions crafted and addressed to all explaining exactly what needs to happen in regards to the survey. By not doing so I believe that one opens themselves up to litigation, damages, or a visit from their BOR. We should always insist on instructions by written means, nothing verbal.?ÿ?ÿ
Thanks for your thoughts. I think what I will do is tell the buyer splitting off 0.06 acres would require a subdivision plat, approximately 3 months of county red tape, and about $12,000, which is about what it would be. That will probably dissuade them as they are in a huge hurry and not patient. And I'll just email the title company and mention what the buyer requested with the 30' easement, hopefully that info makes it to the seller.
No, do not do this, do not lie to your client and make up a reason, just to make it easier on you, if you lie once they will never trust you again. If you can split the 30 foot road without a subdivision plat, then he knows you can split the 0.06 acre without one. In Texas tracts bigger than 10 acres do not need a subdivision plat to divide.?ÿ
Just tell him your profession opinion is you should buy 10.7X acres.?ÿ?ÿ
I did not think that would be dishonest, perhaps I have a misunderstanding of platting rules. In my mind the 0.06 acres is less than 10 so it requires a subdivision plat.?ÿ
I probably need to read up on the rules and regulations and the city and or county may have their own rules. I would think the 30 foot road and 0.06 acres would be the residue tract of the original 12 acres.?ÿ
Not really an odd situation at all. I would bet the original contract is based on the GIS area (most GIS tax areas do not include r/w at this point, not a rule but common)...Then based upon a current survey (not the GIS area) the unburden area is 10.79 acres. It is what it is. Produce a map showing the total lot area, the unburdened area, and the area within the right of way (apparently not taxed) and explain the situation to the buyer.
Based on the OP's response, my thoughts are the purchase price is based on the unburdened land (makes sense) and the burdened land is included but not paid for. In other words, a contract based upon GIS (not a survey) acreage. Educate them all and it will probably be an existing survey. The only other way is if the seller owns one of the house using the r/w, but even that doesn't make sense unless the r/w can be recombined with their lot.
The plot thickens...I sent an email to the client recommending to keep the 10.79 acres together and not split off a 0.06 acre tract, but if they definitely wanted to do that then I would need to check with the county to see if a subdivision plat would be required, and I would need the seller to acknowledge the creation of the 0.06 acre tract.
I got a call from the buyers interpreter demanding I change the acreage of the survey and to not say anything to anyone, the title company, county, or seller. They want it swept under the rug. I just told them no, and they said ok, we dont want your survey, but you can keep the money. I have no idea what they plan to do, maybe they think they are going to hire a different surveyor and tell him what to do. Good thing I had them pay up front. I tried to explain and reason with her, but they are extremely arrogant and hard to communicate with.?ÿ
Bye Felicia...
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I have had many clients refuse to buy property in a road or under access easement.
Texas Veterans Program and other lending services do not lend money for these purchases.
What they do not realize is that in time they will be the owners of the property because it will be absorbed into either their or the neighbors property because of the strips and gaps get attached to adjoining property and does not just lie there without being taxed and taxes being paid.
You would not be creating a 0.06 acre tract, you would be creating a 10.73 acre tract out of 12 acres. The 30 foot strip of land that has the easement along with the 1.5 foot strip would be one tract 31.5 feet by 1,840 feet would remain with the current owner. Yes 31.5 feet by 1,840 with an access easement would be difficult to sell.?ÿ I can understand the buyer not wanting the access easement, and I can understand the seller wanting to sell the entire 12 acres.?ÿ
Some folks won't be helped.?ÿ
I had a similar case that involved several complex issues. It started as me taking over a $5k job. 3 months and 40k plus later it all came together. The client agreed with my findings, paid my bill to date and cancelled the job.?ÿ
We got paid. No liability...
You were hired to do a title survey on 12 ac.?ÿ Do a title survey of 12 ac.
I know that if I were stuck with a 30ft wide by 1840ft length tract of land that is an access easement to?ÿ property I do not own, I would never pay taxes on it again.
First I would give the owner of the tract it serves access to the opportunity to buy it.
BTW, it all gets shown on the drawing and mentioned in the property descriptions because they exist and my job is to show that.
