Gotta love trying to work with Attorneys who have never before seen an ALTA Survey.
Just got back some notes on a Preliminary plat we submitted for initial review.
First the guy was adamant that he had never before supplied adjoiner deeds and he didn't see any reason to start now. (insert sigh here)
Next he explained that it was the duty of the surveyor to figure out the right of way associated with a particular road. (There is no documentation to any right of way.)
Then he lays these pearls of wisdom on me....
"that’s likely because, while property lines often are to the centerline of adjacent ROW’s, it’s not important to maintain the legal description to such centerlines, as property owners have no real rights to use the property within the ROW. So legal descriptions sometimes change over time to exclude the ROW. As mentioned above, there may not be an actual document defining the ROW, anywhere…the surveyor should confirm and show the ROW limits using available resources (e.g., with local DOT maps on hand, or directly with the county or NCDOT)."
He disagrees that it is his duty to find the right of way, then he says it is my duty to find the right of way and then it is also my duty to unilaterally change the legal description to exclude the right of way since the people who own the land don't have any right to actually use the land.
I gotta go find some aspirin for the headache I see coming on.
Larry P
Stupid is as stupid does
And, this joker has a year's supply of stupid all wrapped up in one message.
Try calling it a non dedicated Right of Way, DOT claiming maintenance ditch to ditch. See if he spins out over that one.
"Prescriptive Easement" ??
[sarcasm]This dude sounds like most of his billable hours are from being the designated public defender.[/sarcasm]
More like an "easement by necessity". I've always been taught that a prescriptive easement had to meet the same criteria as adverse possession.
I think your "value pricing" might have just had a little tick upward on this job.