Neighbor has elected to damage over 20 trees

[Al 2]

Sometimes a new easement or ROW over an existing road is defined or surveyed so many feet on either side of traveled center line. Many times an easement or ROW is described or shown on a plan before the road is built and as others have suggested , who knows where the road is actually located until surveyed. Could be on the ROW totally, partly or not at all.
Al

 

[ultrarunner]

My rancher friend has deeded right to pass for moving livestock over neighboring land... the Deed goes back to the mid 1800's.

The park district immediately blocked access when it acquired the neighboring land.

It has been a battle going on almost 20 years... the rancher removes the impediment and has been cited numerous times... each time he wins in court.

The latest round from the District is to seize by immanent domain my friends property...

A person may have the law and every right in the book but still not prevail...

 

[Redlands Okie]

In my smallish city of 50,000 the center of the street is usually the property boundary or used for measuring purpose. However its quite common for it to not be the center of the street for a variety of reasons. Same for county rural roads due to their avoiding rock outcroppings, erosion areas, creeks, etc.

 

[747driver]

One last time guys ! The ROW is established from the center of the road period. The Plat survey shows the 50' ROW marked going down the center of the road...25' each side. Basically the ROW follows the center of road, where ever it meanders !! The road was built in 1992. It is what it is....not going to stir up a hornets nest over it ! This whole thread has been a great source of input on what you need to do if and when you buy property..!!

 

[Al 2]

Sorry for the last post. I was not referring to your situation. Just general discussion. Maybe we should have a new thread about ROW's only.

 

[Redlands Okie]

One last time guys ! The ROW is established from the center of the road period. The Plat survey shows the 50' ROW marked going down the center of the road...25' each side. Basically the ROW follows the center of road, where ever it meanders !! The road was built in 1992. It is what it is....not going to stir up a hornets nest over it ! This whole thread has been a great source of input on what you need to do if and when you buy property..!!

That’s all fine and dandy. Markers placed so boundaries are known. Now the concern would be to keep the road where it is. Not have maintence or modifications of the road allowing those right of ways boundary’s to come into question.

 

[Oldoak]

Thatç—´ all fine and dandy. Markers placed so boundaries are known. Now the concern would be to keep the road where it is. Not have maintence or modifications of the road allowing those right of ways boundaryç—´ to come into question.

And that is a real possibility over the years. Happened locally near me with the original route of a township road.

Over the years the township road crew gradually reduced some of the sharp turns in the road by cutting and straightening the roadway. Well, while the property survey co-ordinances never change, they are no longer aligned with the center of the road. There were no concerns with the current land owners at the time. But as property is be bought and sold to newcomers and new surveys are being conducted, disputes are arising. While nobody has actually gained or lost any actual acreage, some are claiming land on both sides of the road, while another is complaining they don't have the road frontage they thought they had.

 

[goeduck]

And that is a real possibility over the years. Happened locally near me with the original route of a township road.

Over the years the township road crew gradually reduced some of the sharp turns in the road by cutting and straightening the roadway. Well, while the property survey co-ordinances never change, they are no longer aligned with the center of the road. There were no concerns with the current land owners at the time. But as property is be bought and sold to newcomers and new surveys are being conducted, disputes are arising. While nobody has actually gained or lost any actual acreage, some are claiming land on both sides of the road, while another is complaining they don't have the road frontage they thought they had.

Right, it is just the way it goes as roads get maintained, straightened, etc. public or private. The whole center of ROW is the center of the road, is nice to believe, it is just not reality. A few feet is not worth losing sleep over or worth sending your hard earned money to an attorney over. It just is not except maybe in some very rare situations.

 

[ultrarunner]

Yep... my brother owns to the middle of the "County" road... the reality is he owns the entire road as it was realigned in the 1930's

It has made for some interesting discussions... the property had been in the same family since 1860 prior... especially when his surveyor put stakes in the across the road neighbors lawns!

It simply was not that exact as to following the documentation when the county paved it... now it is a heavily used county road.

Brother had an event at his property... and over flow parking was on the shoulder... the sheriff came out and said the county road couldn't be used for parking...

My brother said he would make sure the guest parked on his property... but the entire section of road is his property...

They had a good chuckle and that was it.

 

[kenmac]

One last time guys ! The ROW is established from the center of the road period. The Plat survey shows the 50' ROW marked going down the center of the road...25' each side. Basically the ROW follows the center of road, where ever it meanders !! The road was built in 1992. It is what it is....not going to stir up a hornets nest over it ! This whole thread has been a great source of input on what you need to do if and when you buy property..!!

That's the way they do ROW's here too. From the center of the road however ever the road my go.
I had some property I own surveyed that had never had a survey. The survey man went to the center of the dirt road and set up his device. He then set pins for the front corners of the property and worked from those pins

 

[goeduck]

My description says the road meanders. I could probably spend a small fortune with attorneys and surveyors to define where exactly it meanders to and from, not that it makes a hill of beans of difference.

 

[Oldoak]

That's the way they do ROW's here too. From the center of the road however ever the road my go.
I had some property I own surveyed that had never had a survey. The survey man went to the center of the dirt road and set up his device. He then set pins for the front corners of the property and worked from those pins

Starting a survey such as that from the middle of the road can sometimes cause problems if the surveyor didn't do his homework and research before the actual field work. Reason being the very thing mentioned in my comment #407.

 

[goeduck]

That's the way they do ROW's here too. From the center of the road however ever the road my go.
I had some property I own surveyed that had never had a survey. The survey man went to the center of the dirt road and set up his device. He then set pins for the front corners of the property and worked from those pins

The surveyor was likely just setting up in the road as a place to work from unless there was a know marker in the road. No creditable surveyor would set up in the middle of a road and assume that the road was placed correctly and what he estimates as the center is the original center. Surveying has changed a lot, but back in the day I worked for a short time for a surveyor and we always triangulated off of known points, monuments, etc. Was he setting up over a known point? I know my easements asphalt has a number of survey pins in it.

 

[ultrarunner]

After the 1991 Oakland Firestorm where 3000 homes were lost... the surveyor screwed up re-establishing monuments...

People were rebuilding and were over the line or encroached on side yard set back.

The solution was for ALL lots affected to be redrawn 7 feet over to conform to the introduced inaccuracy from the monument... the city ended up buying the last lots that lost area...

 

[747driver]

The surveyor was likely just setting up in the road as a place to work from unless there was a know marker in the road. No creditable surveyor would set up in the middle of a road and assume that the road was placed correctly and what he estimates as the center is the original center. Surveying has changed a lot, but back in the day I worked for a short time for a surveyor and we always triangulated off of known points, monuments, etc. Was he setting up over a known point? I know my easements asphalt has a number of survey pins in it.

Our surveyor worked from a known benchmark marker at the beginning of the road. Like you said....you have to start from a known benchmark to get a accurate survey.