Roadway abandonment

Your client may have acquired title to the half of the road on his side, if the road was originally a part of his title source. Even if he acquires title, it may still be subject to rights of ingress and egress of others, particularly the adjoiner on the opposite side.

Who has maintained the road? Has the municipality continued to maintain or improve? Lack of easement or deeds may not invalidate the abandonement....

Just some thoughts to consider.

I'm guessing the attorneys told them that because the sewer easement is included in the public easement, they don't have to obtain one. Abandonment of the public right of passage does not abandon the utility easement.

This seems like a parallel to something I run into often. Several counties have planning commissions that must approve any splits. This is a legal looking paperwork shuffle and upon completion of the planning commission approval with seals, stamps, circles, and arrows and a diagram on the back of each one explaining what they are, most laypersons believe the property to be split. In fact, they have only been given permission to split the property with this approved plat and a deed must be drawn up with more seals, stamps, etc.

I have encountered many landowners who believe they split the property off years ago and show me the plat and legal description sans deed. It never happened.

If no property was transferred, then the process must be completed. You may have to survey and monument the right-of-way, write a legal description for the strip, write a legal description for the sanitary easement and have those recorded. This may be a great time for more business through the slow winter. Hit up all of the adjoining owners to help them acquire their rightful property for a fee.

> Summary of facts:
>
> In 1988 The board of Alderman vote to abandon a street, with the stipulation that the city obtain an easement over the existing sanitary sewer lines in the roadway bed (there is no paving).
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The official action of the Alderman is all that is required to abandon a street. The abandonment process simply releases the public's right to use the street as a public thoroughfare. The official action is all the record you will likely find.

> A search of the land records finds no deed out to the abutting land owners, and I find no easements for the sewers in the 'abandoned' roadway.
>
No deeds are necessary as the presumption of law extends the ownership of the abutting lands to the centerline of the road (unless another boundary pre-existed the road). The reversionary rights to half of the street width are automatically appurtenant to the abutting property and will automatically attach and run with the sale of the abutting property.

The sewer easements (and any other utility easement) are not affected by the vacation of the roadway. The right for the installation, maintenance, access and use for the utilities existing at the time of vacation remain and extend the full width of the vacated public roadway. The order to vacate does not affect the utilities; it only affects the public's right to use the strip for a public thoroughfare. The utility companies can typically be contacted individually to negotiate a reasonable width for their easement that is less than the entire road width. Without the negotiation, however, the full-width utility easement remains.

> So my question to you fine folks....IS the Roadway actually abandoned if the stipulations of the agreement were not followed thru?
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The stipulations were followed through. The order to vacate states the stipulations that the roadway is vacated and that the sewer easement remains. The one who needs to "follow thru" is the surveyor, the attorneys, the landowners and the utility companies. The action has been completed. The action is all that is required. Once the action was done, the city has no interest remaining to convey, so no other actions are required on their part.

> More of a legal issue but if the roadway is actually abandoned then my client receives another 25x2750 feet of property. He is already occupying the land with some substantial improvements to the area as well.
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Boundaries are always a "legal issue." Land surveyors are licensed because of their knowledge and expertise in land boundaries. Yes. Your client has every right to occupy the half width because it has reverted to his parcel. It is one with his parcel and his boundary extends to and follows the centerline of the former roadway. The only thing your client can't do is interfere with the utilities existing at the time of the vacation.

> I have contacted his attorney and the city attorney as well on this.
It's always good to get legal advice when needed. The question you have relates to the boundary location. Once you understand the laws and how they are designed to operate, you will understand where the boundary is located and why.

I see no issue whatsoever. You've got every document that you will find; the laws are in place which direct you in your determination of the boundary; and, no one has an issue with what has transpired (except a surveyor?).

JBS

I always find it interesting to see whether or not the assessor increased the property taxes as a result of the abandonment...

Another outstanding lesson Mr. Stahl. "Presumption of law" is something I like to hear about.

It's not that the city/county didn't write a deed to transfer the vacation-it's that they can't do that (or maybe better described that they shouldn't). They aren't being lazy; they are correctly doing their job by vacating, that's all that they can/should do.

Usually, I will see a vacation only done when there are no utilities. If they get installed in a street, then the city/county is very reluctant to vacate a road. From your post it sounds like they did it just right and I wouldn't contact an attorney just proceed with your survey.

But: be sure-very sure-that your client is the one with reversionary rights to the street. Often a vacated street was originally dedicated entirely by lots or property one side of the street. Then the entire street reverts to owners on that side. And there are shades of grey from full width to centerline reversions. And intersections can get complicated.

It's slightly off topic, but a good court case that goes into street vacations and dedications is Moorcroft v Lang before the Wyoming Supreme Court. There are citations from all over the U.S. dealing with streets, reversionary rights, different types of street creations and how those effect estates in the streets.

How is the vote document worded? Can you post an image?

I agree, that may be all that there is - ownership resides with the abutters and the town retains an easement.