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Old road easement question

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#21 AspenLeif

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Posted 11 August 2020 - 05:33 AM

My parents owned a cabin in Tawas, MI that had a 'future' road next to their property.  They tried to buy it several times.  No luck, I just ended up mowing it all the time as a kid, since the town wouldn't do it, and it would become a waist high weed lot if we didn't.   


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#22 dagomike

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Posted 11 August 2020 - 05:41 AM

Question on the OP. Who is owner of record on the piece of land in question? An easement is a right to cross or otherwise use someone else's land for a specified purpose. Which would say to me that you own the land but the government made a use claim for future development. There is a time limit on easements in most States if it is't acted upon. Usually between 10 and 20 years. If you own the land and they let the easement sunset, you can request to have it removed from the record and they apply for your building permit. If the government owns the land, make a request to purchase. Fair market value will be very low because it is not big enough to be developed unless it is attracted to another property, yours or the neighbors. You could end up in a bidding war. Which would be nice. 

 

I’m not sure on the correct terms and if easement accurately describes the situation. 

 

On the plat map, it shows the section as part of the road system. So, like I click it, and it hilights all the roads in the subdivision. It doesn’t come up as part of my property nor with a plat number.

 

The only people who would have interest in the property are the the neighbors to the south and potentially the commercial property to the east, but it would be pretty absurd to zone this strip commercial. We’re actually friendly with the neighbors, which hasn’t been the case with previous people two owners. They have a fense and tree line, plus I’ve been maintaining it. It would be a supremely dick move to take an interest in it. 


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#23 BlackBeerd

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Posted 11 August 2020 - 05:58 AM

I’m not sure on the correct terms and if easement accurately describes the situation. 

 

On the plat map, it shows the section as part of the road system. So, like I click it, and it hilights all the roads in the subdivision. It doesn’t come up as part of my property nor with a plat number.

 

The only people who would have interest in the property are the the neighbors to the south and potentially the commercial property to the east, but it would be pretty absurd to zone this strip commercial. We’re actually friendly with the neighbors, which hasn’t been the case with previous people two owners. They have a fense and tree line, plus I’ve been maintaining it. It would be a supremely dick move to take an interest in it. 

When you click on your property, does it give the outline and actual dimensions? Do those dimensions correspond to your lot? As in: you take a tape measure out there and it is pretty close. Or does it say your road frontage is something like 200 feet but it only measures that with the easement included.


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#24 dagomike

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Posted 11 August 2020 - 07:19 AM

When you click on your property, does it give the outline and actual dimensions? Do those dimensions correspond to your lot? As in: you take a tape measure out there and it is pretty close. Or does it say your road frontage is something like 200 feet but it only measures that with the easement included.

 

Yeah, I have a double lot and it matches up minus the road thing. 


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#25 3rd party JKor

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Posted 11 August 2020 - 08:09 AM

I have no idea but I presume if you sweet talk the right people it will be yours.


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#26 Mynameisluka

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Posted 11 August 2020 - 08:13 AM

Yeah, I have a double lot and it matches up minus the road thing.

.

So, the easement for the future road is included in your lot size?
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#27 Stains_not_here_man

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Posted 11 August 2020 - 08:17 AM

I'd personally be inclined to consult a lawyer. I don't trust local officials to actually tell you your rights or look out for your interests.
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#28 BlackBeerd

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Posted 11 August 2020 - 08:31 AM

Yeah, I have a double lot and it matches up minus the road thing. 

 

 

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So, the easement for the future road is included in your lot size?

I'm not clear on this either. Keep in mind that those online maps could be drawn by random interns and summer help. I would more trust the number of feet listed over where the person drew the line. 


Edited by BlackBeerd, 11 August 2020 - 08:34 AM.

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#29 BlackBeerd

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Posted 11 August 2020 - 08:36 AM

I'm not clear on this either. Keep in mind that those online maps could be drawn by random interns and summer help. I would more trust the number of feet listed over where the person drew the line. 

 

 

ETA. You said you had this property for 10 years. The legal description should be written out when you click on your property. That is what would have been drawn. If they then saw that there was an easement, that would be layered over the top. 


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#30 dagomike

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Posted 11 August 2020 - 08:39 AM

Here’s the actual map that may be helpful. Yellow highlight is mine. Below that is the land in question.

 

EQhqLDd.png


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#31 BlackBeerd

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Posted 11 August 2020 - 08:42 AM

I would draw up a quitclaim deed and present it to the board. 


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#32 deejaydan

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Posted 11 August 2020 - 07:41 PM

Thanks for the insights. Do you suggest starting with the planning commission or hit up the township supervisor?


I’d start at the lowest level of government you can. Township or city or village before county.
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#33 bierboy

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Posted 11 August 2020 - 08:16 PM

If it is platted as a road then it is owned by the municipality. They would have to vacate it. You should start with your GIS mapping to make sure. If it is then start with your local elected official.

Every state has diffent laws on it. In WI, the land goes equally to adjoining property owners. In any case you are going to need an attorney and a surveyor to get a new certified survey map. The municipality is not going to eat the expenses. You are probably looking at about $5k and a lot time when it is all said and done.
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#34 3rd party JKor

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Posted 11 August 2020 - 08:28 PM

EdAaH6YXoAEzIMl.jpg

 

 

Nice clean cut.  Good reciprocating saw work.


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#35 BlackBeerd

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Posted 12 August 2020 - 04:36 AM

Nice clean cut.  Good reciprocating saw work. 

That gets a solid 5/7.  Which is about what he left.


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