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Edge of road vs centerline
Edge of road vs centerline
This is for Michigan property.
I need, in writing, the rule that says platted subdivisions with a dedicated road only have ??to the road??.
Having a dispute with neighbor who is convinced he has to center of road. We had a survey done. Surveyor placed pin where our properties meet. He told us the neighbor has ??to the road?? but would not give us any extra information because survey was for ours not theirs.
I learned from this forum that the standard is: platted subdivisions with a dedicated road only go to the edge, not center.
Please help me with proof of this.- 12 Replies
Your deed and your neighbors deed should read something like “Lot 5, Lincoln Village Subdivision”. If that is the case, you only own the limits of said lot, not to the centerline.
There should also be a statement on the plat from the owner having the land divided, dedicating all roadways and easements to the county for public use.
I hope this helps.
My property is actually the white void on this map. I’m unplatted and own the parent parcel to this subdivision. I don’t know if means anything.
The only neighbor that touches my property has steadily moved farther into our appurtenant easement. This is part of our gross tax assessment.
Can you tell me where I go to get this information in writing because no one I’ve talked to in the township or county seem to know or want to give me this information.
Thank you so much for your response.
However, different States may have differing Statutes on this topic. In Kansas, where I am, the streets are separate from the lots. Out in the country where the roadway is simply an easement across the landowner’s property is a different story completely. Michigan is a Public Land Survey State so may follow the same rules on that as Kansas, but, not necessarily.
There is a subtlety in the law that allows both statements to be true in spite of the apparent conflict of terms.
A majority of road rights of way are in the manner of an easement. The adjacent property owner owns “fee title” to the centerline of the right of way, but has assigned all right to use it, in perpetuity, to the public. So he really only has rights – ie/ “owns” – to the right of way line.
It is more common for the facts to dictate fee versus easement. If you look deep I doubt any State has a single law governing all cases.
The dedication statement on the plat dedicates use, and the language implies an easement. This can be an important distinction in several ways.
If the road is vacated, all rights generally reattach to the parcel it was dedicated from.
If the law requires, the fee owner must maintain some or all of the improvements.
Private uses allowed by law extend to the fee owner.
Your question is within the expertise of some Surveyors in your State, but you can’t rely on generic answers here. If your question is really what tights you may or may not gave, it’s for an attorney…
I looked up a bit of Michigan statutes and rules for this question. Seems it’s like many other states, but I got bored diving into the weeds and will say this:
Google it for yourself, use these keywords and phrases: Fee simple determinable, street dedications, Michigan, reversionary rights, vacations in Michigan, boulevards. That will be a good start. If you want to really know the answer it’s out there. We aren’t attorneys, we have lots of opinions and most are very knowledgeable about this question in their own states of practice.
I will guess from the little I read that Michigan treats the dedicated streets like most, a fee simple determinable ownership for road purposes and the public holds the dominate estate in the street. Still adjacent owners also have an ownership to the limits of the dedication. But it’s a subservient ownership sometimes called reversionary rights that activate into a dominate estate when the street is vacated, so both statements are correct, ownership to the ROW of the street and to the centerline, but the ownership in the street is of much different character than ownership in the Lot. However practically it’s the ROW that is the limit of your ownership, not necessarily the limits of your responsibility because you can be required to take care of some of the street.
Wearing tights won’t change the answer, and the attorney probably won’t care as long as they get paid. You should ask them questions regarding rights…lol
In order to acquire the rights or ownership of any land there typically needs to be a document describing the land one is acquiring. Typically this is a deed. I would ask the neighbor to produce the instrument granting him ownership. Of course he will not have such an instrument because he doesn’t have ownership of anything other than the lot described in his deed which also references the platted subdivision. He has ownership of the extents of the lot, no more.
Is it Texas that requires the streets of subdivisions to be treated as easements such that the adjoining lots are shown on the plat to extend to the street center line?
Ask yourself: why do you need to know the answer? In writing, no less!
Is it because you are having a dispute with this neighbor? I see this all the time. My guess is; you’re in some sort of urination competition. If that’s the case, you will need to get out your wallet and contact a competent attorney. But know this; you will open your front door and enjoy the same view today; as you did before any of this happened; and when everything is said and done.
If you want the true answer to your question; make friends with your neighbor; ask them if they can come to an equitable solution. If you can’t do that, move. Because after spending 10’s of thousands of dollars, on both sides; years, maybe even decades; and you will still wake up with the same view as before.
Win or lose; you will still be neighbors. your plat is a normal residential neighborhood with houses close together. Get along or move; is the best advice anyone can give you.
I hope you find peace….
I hope everyone has a great day; I know I will!
You didn’t mention if your neighborhood is a part of the platted subdivision or adjacent to it. If adjacent, they still may own to the centerline.
Not able to read the text on plat due to the resolution. The parcels to what appears to be to the north (top of page) originally owned to the centerline of the road. I’m unable to read the text to determine if the highway easement is being maintained or if it R/W was dedicated. If highway easement is being maintained they own to the centerline. If it was dedicated they own to the R/W line.
Also not sure why there is a dispute concerning who owns to the roadway or not.
@dougie
In writing is the difficult part.
Statutes may layout the process to dedicate and vacate a road, but it’s court cases that get into the details about ownership and title.
Those are time consuming to track down. Plus they often make my head hurt reading them. Straightforward language isn’t a lawyer thing.
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