An upset property owner called the office in a bit of a panic. She has some lots in an older subdivision. There are alleys and streets separating the lots on the original plat. The streets and alleys were vacated in 1894. Now the county GIS shows the vacated streets and alleys, when you click on the Lots it shows the Lots like the streets and alleys still exist. The bank won't lend money for the property because it isn't "contiguous", proved so in their minds by the county GIS.
Of course it is, it's plotted on the GIS incorrectly.
The county said they would sign a quit claim deed if she got a metes and bounds survey of the streets and alleys (that would cost a pretty penny,,,,,,,and do absolute nothing).
The city said she could do an administrative replat for about $7500. Replat what? She already owns it!!!!!!!!!!!!!!!
WOW, just WOW!!!!
Another case of ,,,,,,,,,,,,,,,GIS C$%P.
Can you find documentation for the vacation action?
Can you find documentation for the vacation action?
Yes, and everyone agrees that the streets and alleys were vacated
Metes and bounds could be done from the original Plat with the proper calls.
It would be better to fix the GIS instead.
Metes and bounds could be done from the original Plat with the proper calls.
It would be better to fix the GIS instead.
The sad thing is that the old HIS had it correct.
Metes and bounds could be done from the original Plat with the proper calls.
It would be better to fix the GIS instead.
The sad thing is that the old GIS had it correct.
A letter to the County Attorney with a copy of the abandonment document would be a good start.
Find a lender with a measurable IQ. There are lots of them. In the meantime have your Attorney educate the City Attorney on slander of title..
A metes and bounds should not be required if they are shown on a recorded plat.
Sounds like an attorney should threaten a slander of title lawsuit. The County should pay for their error not the landowner.
BTW, all that should have to be done is for the GIS department to notate each street as "abandoned by document title and date.
Paul in PA
Ya'll must be a lot younger than me or haven't given up on fighting with banks and insurers. I do metes and bounds surveys of platted lots, elevation certificates on non-flood involved parcels and meaningless quit claim deeds regularly. Its much easier and usually cheaper than arguing with people that put more faith in a GIS screen shot, property appraisers map or a $25 flood determination company than licensed professionals. But if you have the energy and time to do so, you have my blessing to stand your ground.
It looks like this, lot 4 and 5, Blk 30, lots 1-7, Blk 36, it's difficult to see, streets, alleys in yellow are vacated, they may try a corrective warranty deed with some language claiming reversionary rights to the vacated streets and alleys, that may be the most constructive fix.
?ÿ
Oldpacer,?ÿ I understand your position about time and money. However, as I get older, it is becoming more important to me to be the complete professional I hold myself out to be.?ÿ Part of?ÿthe responsibility of being a professional is helping others that we routinely interact with in the service to our clients is to educate them when necessary.?ÿ When we, as professionals, continually cave to idiotic, irresponsible, illogical, and sometimes damaging demands of those in positions of "power" that know no better, just to same some time, effort, and the clients money (aren't they paying us expecting a professional level service), I sometimes wonder if we are protecting the public by doing things that we know are wrong, and damaging our profession at the same time.?ÿ Something to think about, I think.
Brian, good luck with that, but my clients being able to build their house, buy their dream or not pay $4000 flood insurance when they are 40 feet above BFE, seems to be the professional thing to do.?ÿ
Might the other lots in that subdivision still retain private rights-of-way in those paper streets?
Might the other lots in that subdivision still retain private rights-of-way in those paper streets?
No. Every landowner?ÿhas platted access?ÿat this time.
A letter to the County Attorney with a copy of the abandonment document would be a good start.
Careful with this -- around here many if not most would consider your doing this to be practicing law without a license. It would certainly not be land surveying. Moe's client needs a good real estate attorney.
A letter to the County Attorney with a copy of the abandonment document would be a good start.
Careful with this -- around here many if not most would consider your doing this to be practicing law without a license. It would certainly not be land surveying. Moe's client needs a good real estate attorney.
I agree, although I'm versed in the ins and outs of vacations, my advise was that she needs to get her title attorney involved. I THINK that a corrective deed will do what she needs at the lowest cost but like Cee Cee says this is a legal/title issue not a location or survey issue.
Mighty:
?ÿ
Look in Madson on Wyoming Real Property Boundary Law, pages 539-540.?ÿ More particulary read Statute?ÿ 34-12-110 which I think will give you the answer you are looking for regarding the Duties of the County Clerk.
Fighting the idiotic fight usually costs the client more money for the same results.?ÿ Unfortunately our surveys have been reduced to check lists.?ÿ And the check list holds the power.?ÿ I used to fight the fight and it's still gets my blood pressure up reading the idiotic comments on my plat.?ÿ But after the bitch session to my business partner, I usually cave and mage the change.
Bottom line my clients hire me to get it done.?ÿ They don't care about the details.
