I have been working with a mortgage company for a couple of years that have me surveying properties that are being foreclosed on. Relatively simple work as most of the properties were surveyed in the last 20 years.
I have been hired to survey a 5 acre tract which was a family subdivision from a larger parcel, surveyed in 2007. The 2007 plat shows roughly 500' of road frontage on a 30' prescriptive easement road with "R/S" at each corner and the sideline going back 300'-400' and "R/S" symbols in the rear creating a rectangle figure.
The red flag went up as soon as I arrived on site to see the road it fronts on does not look like the platted road. I also could not find any corners.
I get set up and locate the house, drive, road and so on. I get back to the office and start working and sure enough the road does not match the plat. My calculated road is out by as much as 25' in some places compared to the plat. To make matters more frightening the 2007 plat has N/F on all of the adjoiners. Even the parent tract has N/F for the owners.
This appears on all levels to be a paper survey from GIS or some arial photography. Where should I go from here?
Read the deed?
It's hard to comment a lot, but I think intent will play a big part here. If the intent as depicted on the plat is to have road frontage, then you have road frontage.
Yes I believe they have road frontage. I have two thoughts on this.
1-I have no evidence that a surveyor ever set foot on this property. That bothers me.
2-How do I recreate this tract. A boundary line agreement with the parent tract owner vacating the lines previously created?
I believe I would show both the "dedicated" easement and the location of the actual road on a sketch, show it to the client, and suggest they get an agreement with the servient holder. Probably an abandonment of the existing easment and a new easement at the location of the road.
Andy
You said that there's a subdivision plan done in 2007. Was it done by a surveyor?
If it's not enough to re-create the lots then you need to nail down the boundary of the subdivision, (using the locus and abutter deeds, plans, etc.), and then construct the subdivision lines using the language in the deeds, as best you can.
Boundary line agreement is the last resort.
This is a family subdivision of one 5 acre tract. There is really nothing to tie down to get me back on his plat.
Dead or alive, haul his sorry butt out there and demand some answers.
