Got a call from a client today , indicating the Attorneys found Alleyways on a piece of property we just surveyed . I indicated I did not find any Alleyways ( none mentioned in deed (or back deed) or current plat) as the property has been one tax lot for 50 years and owned by the same owner for most of it. The Attorneys sent me an old tax map from the 60s that showed 10' gaps in a series of lots but map did not call them Alleys Ways just showed lines. This is all they had. Now the search into the Rabbit Hole . I did get a little nervous that perhaps there were Alleyways . So I begin to pull the title from about 1900 forward and a few deeds written in long hand mentioned "to a 10' Alleyway" . A few deeds refer to the Alleys as an access easements . what I can glean from the deeds , these were Alleys by use to get to the lots in the rear . No formal dedication to the public found .
When is a Alleyway considered public , does ther have to be a formal dedication .
And by the way the owner that owned it the longest was conveyed the whole block by the hiers of the previous owners back in the 50's..
> When is a Alleyway considered public , does ther have to be a formal dedication .
I believe that you will find in any case of deed transfers, there are a few things that are paramount to complete the transaction.
1) an offer
2) acceptance
3) consideration ($$)
4) recordation for public knowledge
I'm sure there are more legalese terms that apply, but that's the jest of it. Offer, acceptance, consideration.
It is quite common in these parts for surveyors to state "easement for access and public utilities", but there is never an acceptance by said parties. Just a granting. Null and void. Intent and father time do come into play, but it is a roll of the dice nowadays.
Maybe the court will grant an alley way to your (or opposing) client, but all you can do is show the situation as deemed correct at the time of your survey.
Hope you have enough $$ in this one. Could be a simple fix, but looks tough on the outside.
Tons of information in that post..
It sounds to me like you've established there was no formal dedication by Plat. Around here that is a good thing. It is not however the end of the story (as I'm sure you know).
I have done considerable research on this in Idaho. After months of digging and reading I lucked into a course put on by National Business Institute titled, "Road Creation and Abandonment in Idaho". The handbook has a chart of road related law going back to our days as a Territory. If they have done something like that for NC get it. It's gold. Not knowing your law I can't say what constitutes dedication. If they are only easements they may have been extinguished by unity of Title (if I'm reading your post correctly).
The Assessors map could be an issue. I'll be the first to point out they are generally crude sketches for tax purposes only, they are also the road inventory maps for some Counties. In our County that map would probably force a formal vacation hearing.
I am looking forward to reading posts from others familiar with NC Law...
> mentioned "to a 10' Alleyway" . A few deeds refer to the Alleys as an access easements . what I can glean from the deeds , these were Alleys by use to get to the lots in the rear . No formal dedication to the public found .
>
> When is a Alleyway considered public , does ther have to be a formal dedication .
>
> And by the way the owner that owned it the longest was conveyed the whole block by the hiers of the previous owners back in the 50's..
If the block is owned in it's entirety and the right of way was never dedicated, then the owner should not be able to have easement to his own land (everybody with me, "I'm not an attorney").
They could file a record stating such, but I don't think that is necessary. Just record a new survey (showing the common ownership) with a statement extenguishing those easements.
> http://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=136-96br >
Thanks, rundatline.
With a quick read, it looks like statute clears it up even if there were a formal dedication and no subsequent use (North Carolina, anwways).
Do you agree with my statement regarding easements in benefit of the common owner to his own parcels? Being extenguished, that is.
It may very well be the case under state law. Many of the municipalities have a street or alley closing procedure in place. I do recall one case where an attorney pushed the state statute and circumvented the local rules.
