So I get a survey request to provide a plat of all the land that the owner has left. The deed for the tract they purchased calls for a 20.000 Acre Tract being the NE/2 of the E/4 of the E/4. Of course, it's only 20 acres of the Section comes out to 640.000 Acres, which is not the case. It's a little bigger than that so the original tract would have been 20.22 Acres except for the fact that a 120' wide State Highway runs through the northwest end. I've already been asked about the missing 2 acres of what was believed to be a 6 acre remainder.
The landowner has sold off two tracts. One is about 6.2 Acres off the northeast half south of the highway transferred in July of this year and the other is a 1.000 Acre Tract transferred in about January of this year which is set back from the property line by 30 feet, which area is labelled as a 30' R.o.W. Easement on a 2016 survey of the 1.000 Acre Tract attached to the deed. The 1.000 Acre Tract is shown here in Red. There is no deed out from my landowner for the 30' R.o.W. Easement shown here in green. Since he has separated it from his remaining holdings, I'm inclined to believe that it should now be attached to the 1.000 Acre Tract by way of strip and gore doctrine.
The landowner is an attorney and I have asked him how he wants to deal with it and he said he didn't care whether I added it to the plat or not. Not sure how I feel about it if he doesn't care strongly either way.
Many times in the deed preparation, easements are overlooked and left out of the transfer for a reason that no one will take credit for.
Every time that happens it will muck up the whole deal.
I've had one half of a partnership tell me to take that off the map cause it was not on record as an easement and then afterwards the other half was down my throat for not putting it on the plan because they wanted to record the easement.
Then they realized that they were not in agreement on the deal and in the end they became too cheap to have another document to create the easement and got threatened with lawsuit and finally the buyer got his easement and had to pay for all the new paperwork.
