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Land Survey

1,044 Views | 12 Replies | Last: 3 mo ago by Spider69
Flyer02
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We had some land we are purchasing surveyed that has county road frontage. When the survey came back, they show one of the boundaries right in the middle of the county road. Has anyone seen this before? I just thought when a county road was involved the boundary was up to the easement. Any input is appreciated.

TIA
evestor1
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Does the property own the road easement?

I have one parcel like that.
Flyer02
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evestor1 said:

Does the property own the road easement?

I have one parcel like that.
I would assume so, ive just never seen the corner pins in the middle of the road. Luckily the property has an ag exemption currently but i wouldn't want to be paying taxes on unusable property that is part of the county road.
Kurt Gowdy
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AG
Very common.
1939
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AG
Flyer02 said:

evestor1 said:

Does the property own the road easement?

I have one parcel like that.
I would assume so, ive just never seen the corner pins in the middle of the road. Luckily the property has an ag exemption currently but i wouldn't want to be paying taxes on unusable property that is part of the county road.
That's not going to happen.
Johnny Danger
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This is very common and market evidence suggests minimal to no discount in value for area within the county road, as long as the area within the road isn't excessive.
cnn is the enemy of the state and should be treated as such
Martin Cash
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This is not unusual in the older parts of the state, where old county roads were often created with no conveyance of right of way or easement. Roads were created by common usage along property lines. The county has acquired an easement by prescription. You may own the land, but the county has a easement to the lines of common use.
normaleagle05
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AG
It is also extremely common that the County bought the fee in the road, not an easement, with an old improvement project usually some time between Reconstruction and WWII. Many surveyors since have been too lazy and/or uninformed to do the research to figure that out and retrace the lines of the appropriate senior surveys.

What county is the property in? I might can tell you how common fee road acquisitions are in your county. I might can't.
Spider69
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Same rules apply to most FM roads, to my knowledge. I'm unsure about US Highways or Interstate frontage roads. And I'm no lawyer or surveyor, but I have sold some land with a FM road frontage where the survey went to the center of the road. Also if the road is shifted a little by repaving you might lose or gain acreage? It can impact your mineral rights, too!
normaleagle05
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FM roads (and other TxDOT roads generally) are typically fee acquisitions. There may be some limited geographic and temporal variation to that but not much when compared to county roads. I've surveyed a lot of FM fronting property and can only think of one that was expressly acquired as an easement (FM 390 from SH 36 to FM 50 and FM 50 to SH 105).
Spider69
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normaleagle05 said:

FM roads (and other TxDOT roads generally) are typically fee acquisitions. There may be some limited geographic and temporal variation to that but not much when compared to county roads. I've surveyed a lot of FM fronting property and can only think of one that was expressly acquired as an easement (FM 390 from SH 36 to FM 50 and FM 50 to SH 105).


When I sold some land with a 2 mi? frontage on FM 859, it was surveyed to center of road. I lost ~ 4 ac when TxDOT smoothed a curve. Went from 203 ac to 199 ac.
normaleagle05
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Why did you let TxDOT build new road on your place without paying you for the land? My gut says you didn't.

See my previous comment on incompetent surveying.
Spider69
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normaleagle05 said:

Why did you let TxDOT build new road on your place without paying you for the land? My gut says you didn't.

See my previous comment on incompetent surveying.


Road was done when my Dad was the owner. Obviously, you've never attempted to deal with a rural TxDOT Office! Just trying to get a road culvert properly installed so it would drain downhill rather than backing water onto our land took years.
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