I have been asked to prepared metes and bounds description for the abandonment of an easement that has never been used and has been replace by a new easement on the other side of the lot. The easement was created by plat. I am trying to figure out why I would need to go to the field to tie in the lot? The easement was never staked and just exists on paper. What say ye? Field survey for an abandonment description or prepare description from the plat geometry?
Does the client want an easement for abandonment or for vacation? I would think that would be the first question. Otherwise, I would not see any need for field work if it was never used.
if the easement is one that parallels a lot line, then i would think that you could describe it as such. if it's a whacky one that cuts across a lot w/ some angle points and such, then you might want to survey the lot just to make sure that it is as the plat shows and then prepare a metes and bounds description accordingly.
I don't see where that matters, Frank as it was never used. If the description matches that described when it was created, has not the easement been extinguished? (Frank, I went to get a copy of some County Commissioner's Minutes a couple days ago in the afternoon and stopped by your office on the way out but you were in the field).
I am looking at my legal dictionary trying to figure out the difference between the words "abandon" and "vacate" in this instance. The application with the city calls it an "Application For Vacation or Abandonment". At this point, I really don't see the need for a field survey.