I'm working on a job (court case so I don't want to be too specific at this time) where I have found deeds to all properties surrounding the parcel I'm surveying except one. The tract I'm working on came from a Land Office Treasury Warrant in 1843. The 1843 survey called for new lines adjoining the east and south lines of this parcel that I can't find any records for. Those who have experienced this - do you have special notes or anything when identifying these parcels? In 35+ years of surveying this is the first time I've run in to this. Based on the 1843 survey description I'm beginning to believe this is still owned by the Commonwealth. When I spoke to the client about this they said " I forgot to tell you that neighbors in the area have always said there is a piece of land on the mountain that nobody owns."
Phil
It's possible there is a piece of ungranted or unpatented land.
First thing I suspect is that you have a lot more research to do. You mention adjoining deeds, but you need to take all adjoiners back to their original grant or patent. You can only claim ownership by the Commonwealth if there is a gap in the original grants.
I have come across these a couple of times and it is a lot of digging.
Feel free to get in touch if you want to discuss.
Thanks Dave. The parcel is currently claimed by an individual based on a survey in 2004. The original deed description that the 2004 survey was supposed to represent calls for xxx acres ever so much more or ever so much less with no survey description however, the deed clearly stated the land was a portion of a certain landowner's property. The landowner referenced never owned the land shown in the 2004 survey. The landowner referenced owned the property adjoining the north side of the property I'm surveying and north of the 2004 survey. It may be that the heirs of a previous owner that purchased the 1800 acres in the tax sale have an interest in the parcel. I will be reporting all that I have found related to that parcel including that I have not been able to find sufficient (in my mind) documentation to positively identify ownership. I believe I have met the standards pertaining to showing the property lines and inconsistencies between the deeds and I note that paragraph B Research Procedures (15VAC10-20-370) states it is not the intent to require the surveyor to research the question of title. Got a call from the client while typing this - they no longer want to pursue trying to claim this parcel. Never a dull moment...
Clarifying the 1800 Acres - 1800 acres was purchased in a tax sale by a previous owner in the chain of title of the 2004 survey. Unfortunately there was no description of the property or owner who lost the land by virtue of the tax sale. The tax sale deed was written by the attorney who purchased the 1800 acres.
I have come across this a couple of time in Pennsylvania. It is a lot of deed research.
I know each state has their own specific laws about adverse possession but I do not believe that anyone can claim adverse possession against a municipality.
What I have found in PA is that a piece of property might have been surveyed or ordered to be surveyed and was not actually included in the warrant or grant.
Have fun with 😉
Matt
Check The State Archives For Patent Maps
When a Warrant was issued for so many acres, it was up to the Warrantee to have it surveyed and return same before a Patent was issued. Often times undesirable land was left out of the survey. And at times there were overlaps. In the early 70's I assisted my father in surveying between 2 large tracts still held per the original descriptions. There were 2 overlaps and 1 gore. The Commonwealth did not care about the overlaps, but my father applied for the gore. It was surveyed and assessed, as it was small the State Game Commision did not want it. My father sold it to the developer who was trying to claim it as compensation for losing the overlaps. You have to follow the law, hee, hee. The key to proving it was finding a called for corner at a large pine. Not there, but within a few feet of the calced location a large burnt out stump was excavated. Testing proved it was pine. That area was often burned over to improve the wild berry crop.
The Patent is quite impressive with the Governor's signature and Commonwealth seal.
We started field work the first day of bear season about 40 years ago. The PQ parcel was leased by a hunting club and the landowner lent us 2 radios on the club's frequency to make our work easier. We started out on monuments between the PQ and State Game lands. We heard chatter all day long as they chased down a bear. Three times that day the bear crossed our survey line in and out of the Game lands. Not a shot was fired by the hunters. We had lots of smiles. The next week we were hauling out at the end of the day and we caught up to an old hunter dragging a buck. I got volunteered to help. I wish I had a picture of me humping out about a mile with a transit on the legs over one shoulder and a drag line over the other. Oh to be that young and strong again.
Highly educational project and it was my first experience on my surveying license application.
The extra reasearch is well worth the effort in education and satisfaction. Probably a once in a carrer opportunity.
Paul in PA
How big is the gap? Maybe a dumb question, but you do you have tax assessor or maps? What do they show?
Tax maps in rural areas of Virginia generally suck!
