Need help with figuring out which easement is which on my property

  • Need help with figuring out which easement is which on my property

    Posted by bremlyn on September 11, 2022 at 6:06 pm

    Hi, I need to plot the location of all easements on my site plan for a building permit.  We have several and I’m trying to figure out if this easement description is on the east property line or west property line. 

     

    Reserving therefrom an easement for road and public utilities over, under, along and across the Easterly 30 feet thereof, the Westerly line of said Easterly 30 feet being measured at right angles and radially to the Easterly line thereof”.

    Any help or insight on this is greatly appreciated.  

    holy-cow replied 1 year, 8 months ago 8 Members · 18 Replies
  • 18 Replies
  • brad-ott

    brad-ott

    Member
    September 11, 2022 at 7:02 pm

    East

  • RADAR

    RADAR

    Member
    September 11, 2022 at 7:03 pm

    Do you have an exhibit map?

    It doesn’t really make any sense with out one.


    I hope everyone has a great day; I know I will!
  • bremlyn

    bremlyn

    Member
    September 11, 2022 at 7:34 pm

    @dougie I do have a parcel map and a site plan I’m working on.

  • bremlyn

    bremlyn

    Member
    September 11, 2022 at 7:36 pm

    @brad-ott Thank you!!  I was initially thinking west until I read it again and then it seemed like east.

  • jitterboogie

    jitterboogie

    Member
    September 11, 2022 at 7:37 pm

    Easterly westerly northerly southerly are all vague uses of cardinal directions that could be anything in each quadrant.  Im no surveyor yet, but it sound like you might be well off hiring one or if you cant afford that, approach your local chapter of the survey board where you live to see if they do any ProBono work.

    And like Radar said, a picture isworht a thousand words, adjacent deeds easements too

  • bremlyn

    bremlyn

    Member
    September 11, 2022 at 7:45 pm

    @jitterboogie I’m trying to upload the parcel map now.  I keep getting an error.

  • bremlyn

    bremlyn

    Member
    September 11, 2022 at 7:52 pm

     

    Thanks for everyone’s help with this.  I appreciate your replies, suggestions and questions.

    This parcel map shows our 20.2 acre property #32.  Yellow highlights show where the title company plotted and noted the easements.  There is one along the west property line and one along the east.  

    Another one I’m trying to figure out … does this 8 foot easement start at the northeast corner of Sect. 7 and then only extend for 363 feet onto our property along the east property line?  

     ”the Northerly 363 feet of a strip of land 8 feet wide lying Westerly of and adjoining the Easterly line of the Northeast Quarter of the Northeast Quarter, Section 7, said Township 13 South, Range 1 West. 

  • RADAR

    RADAR

    Member
    September 11, 2022 at 8:02 pm

    @bremlyn 

    Can you post it?


    I hope everyone has a great day; I know I will!
  • bremlyn

    bremlyn

    Member
    September 11, 2022 at 8:17 pm

    @dougie Yes, I just got it to upload in the above post.  it was probably under moderation when you replied.

     

  • RADAR

    RADAR

    Member
    September 12, 2022 at 2:52 pm

    @bremlyn 

    Looks like the east line to me, too; but I could be wrong.

    I’ve never been wrong before, but there’s always a first time…

     

    GIF

     

    I hope everyone has a great week! I know I will.


    I hope everyone has a great day; I know I will!
  • bremlyn

    bremlyn

    Member
    September 12, 2022 at 3:29 pm

    @dougie Thanks.  I’m going with the East line.  We have one on each side, but I have note the dates, document numbers, and label all of them.  I appreciate your help and everyone’s input!

  • Norman_Oklahoma

    Norman_Oklahoma

    Member
    September 12, 2022 at 4:42 pm
    Posted by: @dougie

    I’ve never been wrong before, but there’s always a first time…

    One time, I thought I was wrong – but I was mistaken.

  • Norman_Oklahoma

    Norman_Oklahoma

    Member
    September 12, 2022 at 4:51 pm
    Posted by: @bremlyn

     ”the Northerly 363 feet of a strip of land 8 feet wide lying Westerly of and adjoining the Easterly line of the Northeast Quarter of the Northeast Quarter, Section 7, said Township 13 South, Range 1 West. 

  • holy-cow

    holy-cow

    Member
    September 12, 2022 at 5:00 pm

    I strongly detest “simple” descriptions that achieve nothing but confusing everyone.  In my opinion, routes as shown are neither on the eastern boundary or the southern boundary of the tract.  They deserve an indisputable description.

  • CRA903

    CRA903

    Member
    September 15, 2022 at 8:31 pm

    @bremlyn

    could you include the entire legal description of the parcel? this may help confirm what the East side of the parcel is. i assume that North is up on your parcel map?

  • dave-o

    dave-o

    Member
    September 16, 2022 at 1:20 am

    The first description seems pretty clear that it is that 30′ easement (of the 60′) you yellowed out starting at the south prop corner and snaking up to the NE prop corner, following the entire length of the boundary.

    The second easement you describe I believe does not fall on your property at all, but is an 8′ strip (not shown) immediately west of (adjoining) the N/S section line, west of and off of your property.  It’s possible this is described on something you’re looking at bc it serves your property for utility (?).  Not sure how but my first guess would be that it’s unrelated unless we could see the documents you’re reading from.

    Also, this poor quality plat also seems to clearly show (2) easements burdening your property along the northern boundary that you haven’t mentioned yet.

    Without a title commitment/search or other research this is difficult (ie, not possible) to feel confident we’re getting a full picture.  But the first two seem pretty clear.  Just not sure what’s left out.  See, surveyors don’t charge too much – this stuff can take time.

    You could draw those lines on your site plan, reference them to this record map (tax map? subdivision map?) and see if building comes back with anything.  Often these record maps are not required to be updated with information subsequent to the original recording.  Even your deed may not have to include record burdens or benefits.


    dd
  • jitterboogie

    jitterboogie

    Member
    September 16, 2022 at 3:27 pm

    @holy-cow 

    isn’t part of the tenet that they need to be unambiguous?

    I took a class.  can you tell !? 

  • holy-cow

    holy-cow

    Member
    September 16, 2022 at 4:17 pm

    Tenet and unambiguous in the same sentence???  You MUST have taken a class.

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