Recorded Subdivision - Never Conveyed

tfdoubleyou · 2024-03-10T22:14:18Z

I am surveying a 15 acre property that was subdivided into 12 lots by recorded map in the late 1975. For whatever reason, two out sales were made: both were described by metes and bounds and made only general references to the existence of the recorded map, they did not describe in terms of the subdivision (i.e. "Being Lots 1 and 2, part of Lot 3"). The same landowner has held it since prior to the 1975 division, their vesting deed uses the original description of the full undivided 15 acres, less and except the two out sales. At some point in the intervening years, the current owner had the subdivision 'administratively combined', so from the county's perspective it exists and is taxed as a single parcel.Today's buyer has no interest in the subdivision, they intend to use the remainder of the parcel as a single tract.Two questions:There is a 'dedicated' ROW that connects all these lots. It is unopened, never cleared nor built on. The county states they have no claim or interest in it. NC allows for the original dedicator to abandon it, and the two outsale parcel owners have been contacted and are willing to sign releases. That should be the end of that, right?An adjoining parcel was surveyed in the mid 90's, that recorded map makes reference to the subdivision, and recovered all of the monuments on their shared line. As part of my survey, should I locate and tie all of the monuments of the subdivision and describe the remainder in terms of it? Or should I retrace the original description and outsales, and describe as though the subdivision did not exist? If so, what do I make of the existing monuments that are all of the now meaningless lot corners?Thanks for any advice. The obvious answer would be to survey everything, but the delta in fee compared to just retracing the original description is several thousand dollars. Just looking to do right by my client, but obviously not willing to compromise on any minimum standards.

Summarize Topic

Page 3 / 3 Prev

Strictly Surveying

Last Post by aliquot 2 years ago

41 Posts

14 Users

0 Reactions

3,195 Views

RSS

aliquot

(@aliquot)

Posts: 2323

Member

Translate ▼

This is absolutely correct, but what some are trying to point out, is that once the offer is made in a public way (i.e. recordimg) it usually can't be unilitarily retracted.

What is required varies by jurisdiction. Some jurisdiction even have established methods by which a public ROW is automatically vacated.

In the situation described here, the land owners in question wouldn't have the authority to vacate the public's interest on their own in most jurisdictions.

Posted : March 20, 2024 1:34 pm

Page 3 / 3 Prev

26 Forums
54.5 K Topics
592.1 K Posts
465 Online
16.9 K Members

Forum Icons: Forum contains no unread posts Forum contains unread posts

Topic Icons: Not Replied Replied Active Hot Sticky Unapproved Solved Private Closed

Recorded Subdivision - Never Conveyed

Please support our supporters!

Our Policies

Quick Links

Support