I would appreciate any input on your view of the following scenario:
A large tract of land to be auctioned as smaller parcels.
I survey the large tract and set markers for the smaller parcels with prepared plat and descriptions.
I now find that there are plans underway at the highway department for a new road through the parcel. No acquisitions have been made for property, but the planning is in process.
Having worked on mapping for highway projects in the past, I know that the alignment can change as time passes and new options are looked into.
Would you see a need in showing or noting the possible future events of roadway acquisition?
Yes, in noting at least. Did this plat have some kind of roadway provision (private or whatever) already?
I don't know about a note on the plat, but certainly a registered letter to your client AND the auctioneer. Most states have laws that would require the auctioneer to disclose this information at the sale.
great Question Jon,
Is the knowledge of the proposed road confidential in any way?
I often wonder about the ALTA question regarding proposed road way construction and how would I know of others plans.
In this case I would feel obligated to a something, but not on the plan. I would address it in letter to the client and give them the contact information to find out more information if they wanted....
Don
well, depends too on the recording (and agency review) requirements (if any) of whatever state, and presuming, that this plat would be approved & recorded prior to auction.
I think it is not only ethical, but in your own best interests to make the parties aware of the road planning.
Notification
I wouldn't put a note on the survey.
I would advise the client(s) that you have information that this new roadway is being considered, and there is the possibility of an acquisition.
It might be nice if you were prepared to point them in the right direction as to getting more official information.
Further information which addresses some of the questions/statements made as reply -
I found out about the possible roadway by talking with the adjoining property owner. The adjoining property owner is the brother of the lady who owns the large tract. The auctioneer was standing right beside me during that conversation. I am sure that the lady who owns the tract of land is aware due to other statements made later in the process.
Thanks for the input so far. I am thinking the suggestion of sending a certified letter to both the auctioneer and the owner may be a good way to handle it.
Until there is a deed which creates the road right of way, the current owner should be able to split the property as she wants. However, I do not want to have this bite me in the butt by not disclosing what I know in the most appropriate manner.
Jon,
Sounds like a good plan. Be sure to have it executed before there is any land sold.
SJ
It would depend upon what the new owner was about to do with that part of the land that you know is going to be taken.
About 35yrs ago I went out to cut 2ac out for a client that was going to build his wife's dream home and he was going to pay off in 10yrs and retire.
When I went to get R/W info I saw that it was planned to take 200ft plus where he wanted to build and ask them is they wanted to have to build again or if they wanted to back off into the property enough to put a new boundary on the proposed R/W line.
They chose to put it on the proposed line and were upset then and now they are happy after the expansion went in and they did not have rebuild.
Tread lightly here. I know you want to do the right thing, but what happens if the roadway is moved far away from this parcel? If you slap a note on there and the land doesn't sell or is sold at a discount because of the note, then road road is never built, you just created a problem for yourself....bigtime....be careful
