I purchased a tax lien on a property, and I've been told that the property might not exist because there is no legal description found which exactly describes it.
The property in question is the small rectangular shaped section on a diagonal, formerly a railroad easement. The problem is that the current description of the property includes the triangle to the left as well as the property on the diagonal, and neither I nor a title company have been able to find an exact legal description for just the property on the diagonal. The original legal description for the railroad easement simply referenced a survey done for the railroad and stated it was 50 feet wide on both sides of stakes put in the ground. I've been able to locate the railroad's engineering blueprint, but it looks like the references are only to the nearest tenth of a foot. The railroad's ties have long since been removed.
The large triangle has been surveyed and the legal description is available, which includes both the smaller triangle and the railroad easement. There is a legal description regarding the line of stakes placed by the railroad, however for one call it says a distance of xx.xx rods "more or less", so it's apparently useless as a legal description.
A survey was done in the past for the property to the east and noted a tiny triangle of overlapping land.
There was a survey done for the property to the north, but I haven't seen it.
The state is Indiana.
My questions are:
Could a surveyor take the angle of the larger triangle, and presuming that is correct then on that angle take off 100 feet from the longest side and create a legal description based off that?
Is there some other way to possibly create a legal description, or without some unknown legal description from the past is it totally hopeless?
I appreciate any help.
Typically the rails are the monument to the railroad R/W.
A surveyor would have to use the best available evidence of the centerline of the tracks then survey the tract it crosses to prepare a legal description. Although the tracks are gone sometimes things such as old bridge abutments or maybe remnants of R/W FENCES.
A Surveyor Can Do This
Distances to tenths and xx.xx rods more or less are valid and no an impediment. I could be done with the information at hand, but additional information is preferable.
You mention easement so it appears that documents you have do not indicate that the railroad acquired fee title. Therefore once the railroad ceased to exist the easement may have disappeared. There may well be no parcel of land matching the easement that exists today, i.e. you have nothing. However something appears to have existed in the past which made the filing of said lien possible. That lien may encumber more than the easement area.
You need to engage a surveyor to survey the entire rectangular area to the North and South of the easement. Then you need to engage an attorney to determine if you have claim to anything found by said survey. Then you may have to pay the attorney much more money to fight for your rights. I imagine the legal fees will far exceed the survey fees.
Be prepared that somewhere in this process the North owner may come forward with an original document showing reversionary rights, proving you in fact have nothing. The survey to the East saying "overlap" indicates that there are indeed questions to title.
Paul in PA
Let’s see if we can help you here.
First of all, I am not a surveyor in Indiana, so I am not qualified to help or comment.
Second, there are many properties throughout America that do not have a legal description that exactly describes it. So you have already been given bogus information about the property. Many properties are described by the larger parcel and then have exceptions for the smaller parcels which have been separated off. It does not leave everything clean, but a surveyor can make heads and tails out of it.
Third, a surveyor can tell if the railroad was ever an easement or something else. It may not be an easement. A surveyor can survey the railroad property based on the old descriptions and maps. We are used to working with those and are not limited as the Title Company is.
Fourth, a surveyor would be able to review the large triangle and the smaller triangle, comparing them to the railroad calls, and also properly comparing the rods and the more or less. We are used to working this way.
At this point I am hoping that you understand that the legal description may describe the parcel you purchased the tax lien on. In looking for a surveyor to assist you, may I suggest that you choose one who is familiar with railroad properties in Indiana. I submit that you will get the best end product in the most efficient manner.
I appreciate everyone's help. I've contacted a local surveyor.
Thanks.