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Fixing work

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MightyMoe
(@mightymoe)
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Do this long enough and you come across situations were you say; "Why did that dummy do it like that?"?ÿ

It's really bad when the dummy is yourself.?ÿ

So I'm "fixing" a survey from the 1990's. For some reason (I believe it was the clients idea, yeah I'll go with that) I did a survey and granted land to a family member out of a trust to the ROW of a state highway. It should have been to the centerline. Anyway, the trust later sold its interest to a neighbor and created a weird Y shaped ownership in the highway and they want to cut off a parcel to clean up the configuration of the land.?ÿ

Always go to the centerline, talk the client into doing it that way, unless there is a really compelling reason not to (in this case there wasn't).?ÿ

Of course, the ROW needs to be an easement and not fee.?ÿ


 
Posted : April 24, 2023 11:18 am
Norman_Oklahoma
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Posted : April 24, 2023 11:30 am
ashton
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If you grant to the centerline, be sure to show the acreage with and without the ROW, so the owner doesn't have to pay property tax on the road.


 
Posted : April 24, 2023 2:30 pm
MightyMoe
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@ashton 

Will do


 
Posted : April 24, 2023 2:33 pm
MightyMoe
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But it doesn't do anything to list the acreage, you have to petition the lands to be called waste lands to get them removed. 


 
Posted : April 24, 2023 3:00 pm

ashton
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@mightymoe The procedure to change the assessed value of a property varies from state to state. In Vermont, you first file a grievance with the town listers. If you disagree with their decision, you appeal to the Board of Civil Authority (I serve on one of those). From there you can go to superior court or the state Department of Taxes. There is no specific law about how to tax public roads, the bed of which is privately owned. It's a matter of persuading the various officials about what is fair.


 
Posted : April 24, 2023 3:46 pm
MightyMoe
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@ashton 

Yeah, pretty much what I said. 


 
Posted : April 24, 2023 4:29 pm