Wouldn't it create an unfortunate situation where he still owns the strip, entirely burdened by the easement?
This is the correct answer. It only becomes a headache when DOT (or city, town, etc.) wants to dedicate it as public R.O.W. and needs to track down the farmer to sign off on the dedication.
Wouldn't it create an unfortunate situation where he still owns the strip, entirely burdened by the easement?
and needs to track down the farmer to sign off on the dedication.
except that he died seventy plus years ago and you would need to track down all of his heirs scattered to the four corners of the earth.
Just because I'm paranoid, doesn't mean they aren't out to get me.
The idea that surveyors 'create' orphaned srips is off the mark. What is created is the appearance of an orphaned strip. It takes a host of other idiots to bring the strip to life.
Strips and gores isn't the law of the land across the nation (yet). The primary reason is the failure of the surveying and legal professions. That is changing and it can't spread fast enough for me.
The idea an improperly excluded strip rises to the level of a reservation flies in the face of every type of real property law. If the surveyors would stop trying to separate title and deed boundaries (where no such separation generally exists) we would all be better off. Put away the calculators and shed the crushing weight of old wives' tales and life gets better for everyone...