Just curious. Have any of you ever prepared a boundary description in which you called to and along a proposed boundary line?
Why would you call it a "Proposed Boundary Line"? If you write a land description and it gets recorded, why would the line be Proposed?
No. Only existing lines.
For proposed lines, typically not, but always along common existing/controlling lines. Otherwise I'd consider it wordy and unnecessary.
However I recently did describe a M & B easement where I felt it useful for clarification, but mostly it appeased the utility company.
i don't because i don't like the word "proposed".
1) it seems that if you are creating a boundary line that it is absurd to call it "proposed",
2) the line is actually there after the transfer of rights is realized, and
3) it can be confusing if the "proposed" line doesn't occur, assuming that it is not a line that you're creating.
i have seen it in descriptions for new right-of-ways, but have always thought it to be a goofy thing to say when you are describing the new r-o-w.
how long can something be called "proposed"?
I have. It was a PUD with a platted boundary. Interior parcels were described via metes and bounds and were sold off to developers, builders etc. As each interior parcel was platted, references to proposed boundaries (unsold parcels) were called out in the description. Didn't think it was any big deal.
Have a great week.
No. In Virginia that would be subdividng by deed which is a no no.
Never
Proposed makes it sound like it could change or not happen. You could try the language "to be filed, created or something". It also brings up the question of which line is senior. You should clarify that.
Evelyn
In the late 1970's I made my first call for a proposed boundary.
Client wanted 2 acres to build house. At that time there was a plan to expand US Hwy 59 and widen into his property 200 feet.
I began the new property description at a distance "offset from center line station US 59 at proposed r/w".
Less than 10yrs later if he had built on his first site, his house would have been torn down. Most people barely received adequate compensation for their relocation trouble.
Not much use for the proposed boundary. More than often is the reference to "boundary as surveyed today" reference used before any public recording of a new parcel.
I think I would try to avoid it but I did once or twice for particular circumstances. If I recall, it was a right-of-way reservation for a proposed loop highway.
I don't think it is a big problem as long as you give sufficient description of your line that it can be located positively without relying on the "proposed" location of the proposed line.
Also, if the proposed line becomes an actual line in the future and it does not concur with your subject tract's boundary, what legal implications are caused by your description and what if the discrepancy goes to litigation?
I don't know the circumstances in which you would call to a proposed line. If you do call to it, it seems like that proposed line would have to be in the public records. If you are calling to it, I believe that would be a senior call over your bearings and distances. If it isn't recorded publicly, I think it would need to be an exhibit attached to your description. Who "proposed" the line? Is it being proposed by virtue of your description? If so, I wouldn't make that "circular" reference call.
> I don't know the circumstances in which you would call to a proposed line.
One may be a leasehold that is to be later conveyed, in which case the new deed would drop the term "proposed". Or as Andy suggested along a future right of way, which may or may not come to be. Especially if the property surrounds the R/W.
I agree that the word proposed, or "to be determined" in a deed is not a good idea. Contractual dealings, yes. But leave it there.
Yes. A metes and bounds description with bounding calls for a lot of a "proposed" subdivision that we were in the process of creating.
> Just curious. Have any of you ever prepared a boundary description in which you called to and along a proposed boundary line?
A deed, no.
A court exhibit? Maybe.
Wrote a proposed School District boundary, it was labeled as such on the document I prepared and published as such. The district was approved with the boundary as written by the voters, my description was then used in the papers creating the new School district with the proposed removed. Fine with me, I donated my time on this one and expected my description to be used in the manor it was used. Sometimes there are times when a proposed description is the proper way of doing things, a proposed description has no place in deed documents or other final acts of land use.
jud
You can't split any tracts, no matter how large, without a subdivision plat?
When I split parcels, I call the new line being created a "severance line".
If you are creating a lot and describing it for conveyance then there is not such thing as a proposed boundary line (proposed right of line for a highway maybe). Your description is creating the line so how can it be a proposed boundary line. Your description establishes the line.