So. i have a survey i am doing. Small residential lot about a half acre. The north side of the property abuts the railroad. On said north side of the property is a carriage house. It has been there, the best I can tell, since about 1830.
Ok, well in 1847, the New Haven rail road, wants to install tracks, and they do takings for said tracks. The railroad produces a survey that depicts my clients carriage house and a new ROW going right thru the middle of it, ok...interesting. Now, i doubt he could prove adverse possession, because metro-north is owned, in part, by the state of Connecticut, soooo good luck wit dat. I am looking thru the land records and while I find deeds for taking around my clients property, I've yet to find a deed that 1) takes a portion of his property for the tracks or 2) takes his property and then file an agreement for the carriage house to remain.
The problem is my client wants to convert the carriage house into living space. Zoning will not give him an approval because the carriage house is, in part on someones land besides his.
If you look at the map I attached, you'll see the carriage house toward the left hand side of the map. by the name Edward Van Horn. The deed is for a parcel several doors down
As I once heard someone say, "A right of way map does not a take make." Right of way maps are often working documents, begun before the acquisition process, and sometimes not edited to show accurate final conditions. Maybe the dang map is just wrong--the conveyance never happened?
FrozenNorth, post: 418718, member: 10219 wrote: As I once heard someone say, "A right of way map does not a take make." Right of way maps are often working documents, begun before the acquisition process, and sometimes not edited to show accurate final conditions. Maybe the dang map is just wrong--the conveyance never happened?
Or, as I've heard said, "you can't map someone in and out of property" i.e. a map alone does not transfer property ownership.
In the mid 1980s was on a TxDot construction of a bypass loop around downtown Hughes Springs and one day the call came in from head engineer and everything came to an immediate halt.
The state found out they did not own a 200ft wide strip that crossed the construction site in the middle of the deepest fill (looked like a lake dam) that ran cross country for a private power supply to Lone Star Steel Company.
The miles of corridor was taken in the early part of the century when the US Government took that and much more land and built a series of lakes, a steel mill for war machines and most of what is now the city of Lone Star.
Luckily it was corporate owned by the Steel Mill and they were happy to negotiate terms to transfer that portion of the land to TxDOT.
Many of the miles of corridor is still owned by the mill except for a few portions that were included in landss that the mill sold because they had no need to mine ore.
I don't know if I would jump to the conclusion that the line goes through the building based on the words in the deed. It calls for fences to forever mark the line between the RR and the land conveyed. It doesn't sound like the grantor intended to build a fence through the middle of the existing building.
I see that the building was excluded from the shown right of way, therefore the RR does not own any part of the building. Because there is no record of taking they may never have had fee to that part of right of way, merely an easement of use. If the RR no longer operates that easement would no longer exist.
Paul in PA
There has to be a deed for the taking. Many of the val maps will list them as well. I had a title dispute with Amtrak, they insisted the owned per the original map until I produced the recorded deed
Go to 87 Golden Hill Street, Milford CT, 06460, 41.217799, -73.067720 on Google Maps to see the Carriage House.
George M. Gunn's property is now the Golden Hill's Apartments. Gunn's Crossing is now Beardsley Avenue.
West Town Street on the RR Map is to the East, North and South of the RR tracks, but no longer crosses the tracks.
Paul in PA
alphasurv, post: 418735, member: 1652 wrote: There has to be a deed for the taking. Many of the val maps will list them as well. I had a title dispute with Amtrak, they insisted the owned per the original map until I produced the recorded deed
Norfolk Southern now black's out the deed listings on VAL maps to preclude you from easily finding that they do not own certain parcels.
Paul in PA
I'd say some rights have ripened.
alphasurv, post: 418735, member: 1652 wrote: There has to be a deed for the taking. Many of the val maps will list them as well. I had a title dispute with Amtrak, they insisted the owned per the original map until I produced the recorded deed
Agreed. I have the VAL maps. The val maps list the deeds for the takings immediately adjacent to the east and west of this parcel.
I'll hit the city clerks office again today...that 1850's cursive hand writing gives me a headache after a while though.
In Georgia condemnations don't necessarily make it into the Grantee/Grantor dockets. I've had to search through years of old records of government proceedings to find the condemnation docket.
Andy
Andy Bruner, post: 418760, member: 1123 wrote: ... condemnations don't necessarily make it into the Grantee/Grantor dockets. I've had to search through years of old records of government proceedings to find the condemnation docket.
Andy
... and that is a huge PITA here but you gotta do it the best you can. Steve
Oh, the joys of the Railroad!
Well, I haven't found any takings or condemnation deeds in the clerk's vault so far. I contacted the State and the got back to me and said they don't have a deed out to the RR either for this piece....hmmm... My contact at the state is contacting the RR to see if they have anything.
It appears that they do not use all that they claimed was required. At your PQ what they use may be all they have rights to. It was the RR's responsibility to acquire and make known via record and monumentation what they had. Having not done, that I would say, "Hold the Fence."
Paul in PA
I'm suspicious we're not looking at the original document(s). It's dated 1849, and the first typewriter to be commercially successful was invented in 1868. Remington began production of its first typewriter on March 1, 1873.