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Property Line
Does anyone know in NC, if there is anything that states where a property should be platted/recorded. The owner says that their property line runs along the center line of the road, and not along the right of way. They said it is because they own the piece across the road too. I can’t find anything that states where the property line should be. Most people record it along the right of way.
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12 Replies
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It would probably depend upon the purpose of the road, whether rural or state highway.
Mostly, any land included in a state highway or interstate is surface rights only and does not necessarily include mineral ownership.
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There are three main situations for roads.
You may own to the center of the road as part of your parcel, with the public having an easement for the right of way. Around here this is the most common form for rural roads that have been there from early days. The easement area is usually deducted from the tax bill.
You may own to the edge of the ROW with reversionary rights up to the center should the road be abandoned. This is very common with residential streets, which will probably never be abandoned.
The government entity may have acquired and own the land entirely (fee simple). This is particularly true for newly built large highways.
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Any insight as to why most surveyors show the property line as a heavy black line on the right of way instead of the centerline of the roadway, even on rural roads? it is the way I see most plats however this has been challenged by a particular individual.
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First what kind of road are we taking about here, is it a highway, rural road, dirt or grass road, city street, county road,etc…
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on a rural road.
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What is your issue, is the landowner blocking your access from using the road, do you need the road to access your property?
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I review plats and have never had anyone question why the line was not running down the center line of the road. They wanted me to provide some sort of explanation but I couldn’t find anything that stated it should be shown on the plat in the center of roadway or along right of way line. Every plat I have seen has the solid line where the right of way is and not the center of the road. The only thing I could find was that it was assumed that the property went to the center line on a rural road, but it was more important to know where the right of way was. is that correct? is it something that is right either way?
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You need to call the Surveyor who did the Survey and ask him, also look into your states laws, is there a Surveyor in your states Highway Dept or County Engineering you can talk to? Every state has different laws, the Surveyor who did the Survey should be able to answer your question. One answer could be because his deeds calls to the center of the road, and there has never been an easement or fee simple title for the road. Or because its a farm to market road he owns to the center.
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Thanks for your help!
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You’ll find it both ways in N.C. Some original descriptions call for the edge of the road which later morphed into the standard 30′ from center line as constructed for secondary roads. In some cases the road was shifted making it near impossible to retrace original center line, in which case most surveyors will just survey the p/l at 30′ for c/l.
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Look at the deed referenced on the survey. More than likely it will call for the center of the road, if thats where the surveyor has it.
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For what it??s worth, here in Maryland, unless specifically stated otherwise, title extends to centerline of the road. All calls in a description such as ??thence running with the road? are assumed to run with the centerline.
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