Sadly, all too frequently, this time with one of the better title companies in town.
Me: You need to include the portion of the road abandoned by the city.
Them: We have it in the Schedule B list.
Me: I know you do, but it should be an addition to the legal description.
Them: The city is giving it to the client.
Me: They gave it to the client fifteen years ago.
Them: Corrected title report attached.
(This took two weeks of pestering, and I was starting to doubt myself.)
Reversion rights should clearly be shown on the plan of survey and noted in detail on the description with reference to the document numbers relating to the abandonment. The same documents should be included on the survey notes on the face of the plan.
Recently had one where title excepted the East 30 feet, prior deeds didn't, because it's an easement. We told the client and he contacted title, they excepted it because the Assessors GIS showed it that way, so much for actual research. Not sure about other assessors, but Maricopa County only shows what is being assessed, so roadway easements are shown as if they are dedicated Right-of-Way.
I went through a long back and forth with title people and the city. The city vacated a road, then wrote these deeds splitting the road in 1/2 and "granting" it to the adjoiners. Problem was that the road was created along a north-south section line that ran through the road at an angle creating two long triangles with subdivisions east and west of the road. When vacated the land went to the section line, not down the road centerline. The Planning Commission was being run by an engineer who wouldn't listen and wrote "deeds" for the adjoiners. The "deeds" are still of record. What a mess. Of course, once vacated the city can't write any deeds, they don't own anything, try telling that to an engineer. And, at least in this state, ownership is vested in a dedicated road by the lot owners, depending on how the road was created.
