We recently,Purchased a unrestricted 10.002 ac.tract.. According to the Counties 2010 Sub-Division Rules
A tract recorded pre 2010 would be recognized as grandfathered.We found such tract Deeded and recorded with metes and bounds.
We had it Surveyed and it came to 3.3 acres..We presented it to the County and they agreed that the tract was a valid tract meeting the Sub-Division Rule but because of the recent Survey it ran over 0.03 or 3.74 ft. falling just outside the 10.002 acre tract into a right of way..
The Counties contention is that it is a severed tract? We did a follow up Survey with another Surveying Company and they concluded that it was a Mathmatical mis-closure.Is this a severed tract or a Deed mis-closure..
Ho boy! Post a pic of that! I really hate to hear about situations, where an error (typo or otherwise) messed up a business equasion. This is a serious argument for using a better surveyor.
I hope you get to the bottom of this. Around here, there are a few "passed away" surveyors, that realisticly, cannot "stand behind their work".
Nate The Surveyor, post: 359981, member: 291 wrote: Ho boy! Post a pic of that! I really hate to hear about situations, where an error (typo or otherwise) messed up a business equasion. This is a serious argument for using a better surveyor.
I hope you get to the bottom of this. Around here, there are a few "passed away" surveyors, that realisticly, cannot "stand behind their work".
Howdy, glad you came here with your question.
Keep them coming so we can understand the situation better and perhaps be able to help.
When your county is quoting area to ten thousands of an acre, the property must pricey to say the least and inside some incorporated area with a lot of people living there.
The difference of 10.002 acres and 10.003 acres is around 45 sqft.
In most parts of Texas that area is quoted as 10.0 acres or 10.00 acres and for 45 sqft to place a property in another category is an extreme stretch of authority around here.
It is not so uncommon for an old deed to not close mathematically by a couple of feet.
In an area that the property is being measured to the ten thousandth of an acre, it would be more of a rarity and a typo in the deed could be a result.
Farther research thru the preceding ownership could reveal any possible changes in deed description.
The placement of a corner into a roadway can develop by several reasons and most would be for the wrong reason.
What roadway, state, rural, county, private....?
Any absolute answer by me or any other surveyor would require much more information.
There is no guesswork in surveying, we hope. 😉
Michael harwell, post: 359984, member: 11340 wrote:
The original Survey with metes and bounds was done in 1961...
The County has acknowledged that the tract exist but contends it falls 3 ft.outside the 10.002tract,therefore is severed?I thought in ordered to be severed another tract has to be established on the other side?in this case it's a right of way..
A Harris, post: 359986, member: 81 wrote: Howdy, glad you came here with your question.
Keep them coming so we can understand the situation better and perhaps be able to help.
When your county is quoting area to ten thousands of an acre, the property must pricey to say the least and inside some incorporated area with a lot of people living there.
The difference of 10.002 acres and 10.003 acres is around 45 sqft.
In most parts of Texas that area is quoted as 10.0 acres or 10.00 acres and for 45 sqft to place a property in another category is an extreme stretch of authority around here.
It is not so uncommon for an old deed to not close mathematically by a couple of feet.
In an area that the property is being measured to the ten thousandth of an acre, it would be more of a rarity and a typo in the deed could be a result.
Farther research thru the preceding ownership could reveal any possible changes in deed description.
The placement of a corner into a roadway can develop by several reasons and most would be for the wrong reason.
What roadway, state, rural, county, private....?
Any absolute answer by me or any other surveyor would require much more information.
There is no guesswork in surveying, we hope. 😉
Yes,it is a Corner tract but in a rural area.
The Comal County 2010 Sub-Division Rules are clear,any tract that was Deeded pre-2010 are grandfathered,it is unambiguous.
There is no mention of (severance) . They are blocking my ability to sell the tract down the Road,they control the Septic Permitting.
The original 1961 metes and bounds Survey is a Mathematically mis-closure,according to our Surveyor but can be corrected.
What is the difintion of a severed tract?
The Counties position,they only have a County Engineer on board,no Licensed Surveyor
I can send original Deed with all subsequent Surveys,when I get back to my Office.It would explain things better.
Your property is in a deep pit of bureaucracy control that there is not much chance of getting away from.
A local surveyor and attorney that is familiar with the problem is the answer.
In some of your local areas, 45 sqft is worth what a whole acre is around here and the existence of HOAs and Governmental Oversight, Rules & Regs and the extended reach of City and County into your private property is very costly to your pocket.
A "severed tract" would be like selling 3 acres out of the 10 acres. The 3 acres is the severed tract and that would leave 7 acres as the remaining tract.
A Harris, post: 359996, member: 81 wrote: A "severed tract" would be like selling 3 acres out of the 10 acres. The 3 acres is the severed tract and that would leave 7 acres as the remaining tract.
Would 45 square feet also be considered a severed tract?
Sounds to me like the deed he bought was for 3+ acres and not the full 10. Hence the tract is a severed 3 acres from the 10. And the deed doesn't close as a corner falls 3 feet outside of the parent 10 acre tract.
Prolly is nothing like that but that's how I read it.
Yes please give us more. I'm interested! [emoji16]
RADAR, post: 359997, member: 413 wrote: Would 45 square feet also be considered a severed tract?
The 45 sqft is a portion of the property described in the deed.
45 sqft is the same as 0.001 acre. It is the size of the cubical of my first office job while in college.
Michael's property is on the NW edge of San Antonio and far away from my tranquil existence.
I live in a county with 30,000 å± people living on 930+ square miles of land and 95% of the property I survey is quoted to the nearest 0.01 acre. I rarely make a survey inside city limits where land is priced and taxed and regulated by the square foot.
:plumbbob:
I'm with Rich. Kind of confused exactly what you are saying.
A Harris, post: 359999, member: 81 wrote: The 45 sqft is a portion of the property described in the deed.
45 sqft is the same as 0.001 acre. It is the size of the cubical of my first office job while in college.
Please let me rephrase my question:
If the severed portion were only 45 square feet; would it still be considered a severed portion?
Just curious.
TIA
Dugger
RADAR, post: 360002, member: 413 wrote: Please let me rephrase my question:
If the severed portion were only 45 square feet; would it still be considered a severed portion?
Just curious.
TIA
Dugger
Let me just say that I believe you have answered your own question. Deed it out and it is severed. 45 sqft lying in a road with a conveyed r/w and it is severed.
The term "if" is not a part of my normal day to day vocabulary, to me when the term "if" begins any statement or is a part of any statement, there are not enough actual real facts of information to proceed.
0.02
Michael harwell, post: 359993, member: 11340 wrote: I can send original Deed with all subsequent Surveys,when I get back to my Office.It would explain things better.
Here's link to the Comal County GIS that you can use to determine the parcel i.d. number or capture a screenshot for a picture. (I checked both the CAD records and the index to the Real Property Records and only found a 2015 conveyance of a 0.5 ac. lot in a subdivision to a Michael Harwell.)
A Harris, post: 360005, member: 81 wrote: The term "if" is not a part of my normal day to day vocabulary, to me when the term "if" begins any statement or is a part of any statement, there are not enough actual real facts of information to proceed.
Warning: a bunch of interpretation and a bit of soapbox follows.
So, your parcel was deeded out of a parent tract without a filed subdivision map ("severed"?).
This happened before regulation of subdivisions by the local authority in your area.
With the above "facts", you believe your parcel is "unrestricted".
Now the regulatory authority (guess: you've applied for some permit or subdivision for/ of your tract) asserts that the tract is not grandfathered because (in their opinion) the lot falls across a right-of-way line. For that reason, something is being severed after 2010 (at the r/w and, this means you aren't grandfathered and can't proceed with the desired action.
Tell them that the seller couldnt sell what they didn't own and you couldn't have bought something they couldn't sell. So regardless of "right" or "wrong deed closure,, it doesn't matter. You are grandfathered and you respectfully request to do what is a "by right" action on your part.
If they assert the r/w is in easement and you do own it (you should ?may? already have a good surveyor on board). Then convey everything, including the area in the r/w easement. Stand firm that the lot is unrestricted and you're doing what the law permits.
I only say stand firm because you believer this to be the case.
Good luck with it.
Comal County Cad Michael Harwell Jr. Son 0.5, Check out Aura Soma previous Owners, this would be the 10.002 acre tract we purchased from them..Unrestricted is meaning there is no subdivision rules or regulations, meaning Commercial activity.. There were actually 7 tracts within the 10.002, taxed for 60 Yrs.from the Appraisal District but the County would not recognize them because they did not have a Deed, they were (severed) from Abstracts in the 40's when land was being purchased for the Construction of FM 32. I found the 3.8 tract from the Court House Records.. I would upload file but I most be doing something wrong.
Kent McMillan, post: 360013, member: 3 wrote: Here's link to the Comal County GIS that you can use to determine the parcel i.d. number or capture a screenshot for a picture. (I checked both the CAD records and the index to the Real Property Records and only found a 2015 conveyance of a 0.5 ac. lot in a subdivision to a Michael Harwell.)
Keith,
Here's my email (mdharwell@yahoo.com) send me yours and I will forward you all the information... or anyone who can assist me in resolving this
costly error..
There was a Survey done 4 yrs. ago on the 10 acre tract for the previous Owners.. It reads on the Survey a (possible gap) along the North Property line.
