From an esteemed colleague in Houston area:
This particular problem revolves around an individual who files an affidavit of possession and ownership of a portion of a dedicated street after having a surveying firm describe and stake that area. At some point the City refuses to issue an quit claim to this area. Years go by and I am contracted to survey this property for a potential buyer. After carefully searching and reviewing documents of public record I produce a survey which shows the subject tract as much smaller than what the seller believes they own. My survey is rejected and the surveyor who described the additional area is hired to produce a survey for the closing. The result is stated in the link.
http://ultimatebellaire.com/stories/224674-suit-filed-over-disputed-bellaire-property
Never mind, I read it more closely and answered my own question.
Andy,
I hope you got paid, even if they rejected your survey.
If not, give 'em a call and ask 'em how that second survey is working out for them.
i see no result...other than the lawsuit - or is that what you meant by result?
Jack
I think this is a survey another poster on another board spoke about a few years back who practices in the Houston area and not Andy himself.
> At some point the City refuses to issue an quit claim to this area. >
Therein lies the crux of this issue.
I wonder if the surveyor who described and staked the contested area properly informed the landowner as to the proper procedure for "acquiring" this land (or informed them to contact an attorney, etc). Too often people assume that performing a survey is the "end all" to the problem. It sounds like wires got crossed years ago when the issue arose.
The former landowner probably thought the land was acquired.
He must've followed the Schaut cookbook of surveying.
@Jack, I like how you're thinking. How's that resurvey working out for you?
But as Kris says, this is not my survey work but another's.
You think they're fighting over that sliver in front that is the old street right-of-way?
If it is, seems pretty apparent that it is street right-of-way unless you got some kind of document saying otherwise.
Apparently the tract in question is the one marked 5202 by the appraisal district. You can see that it doesn't maintain the same ROW line as the tracts to the east and west.
I assume the width of this street has something to do with neutral ground for the old Bellaire Streetcar. There is a Porto, Portugal streetcar under a shed just a few blocks to the west from here.
