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Does calling a topo feature an “Old Dirt Road” on a map grant someone rights to it?
Please look at the attached map and share your thoughts on the situation.
The highlighted yellow line is an “Old Unpaved Road” as noted by the surveyor in 2015. This dirt road/path was created by the original family years ago (not sure how many) as a pathway to get from one family members house to another when it was on large tract. The property has now been divided among the original owner’s children being lots 1 through 7.
The easement in green is a 30’ access and utilities easement created to give lots 6 & 7 road access.
The Title Company has questions regarding who has a right to use the unpaved road and said the road would likely be “An exception to the title coverage”.
I am being asked to survey Lot 7. That being said, the “Old Unpaved Road” shown on the map seems to have been a simple topo feature, (like the ditch and branch that are also depicted on the map) and not a
feature that conveys rights or access. The items that DO convey rights and or access are clearly marked as easements, and the accompanying deed references are provided on the plat. When surveying this property, if the “Old unpaved road” is grown over, do I still have to show it on the map. If so, can it be labeled “Old PRIVATE Road”? Either of these may provide the Title Company with enough info to move forward and cover the “road” as well.
Thoughts?