Where Does Your Property Line Start?

[JTip]

My understanding is that a property line generally goes to the center line of the "road or street" and and generally the public road goes back, say 30'.

That's what I enjoy the most about working in ROW, the complex simplicity.

While doing bank work drivebys and purchases on cookie cutters on the side, my meat and potatoes are the basics of land, the bundle of rights and the power of words. Getting paid to think about land and rights is fun (and kind of nerdy).

Most roads have been around longer than anyone on the forum, and the rights to use have been established. The legal process has been complete and recorded. Monuments (concrete curbing, edge of pavement, trees, sticks in the ground) do not establish boundaries, words do. I don't find the work of research fun, but more so the projects and ownership rights, as every parcel along the road is different.

If you sight down the street, there are 3' high fences, but they are another 10' back from the 'road.'

A really good example that would apply across the country are power lines/poles that parallel the road. The power company will not put a pole where it should not be without permission (easement or 'joint use' = putting a pole in right of way). If you drive down a road and let your eye follow the poles, that is a good indication where the fee simple ownership of the private property begins. Your deed may say "to the center of the road", but at some point it time, the surface right was secured and the easement was granted for the roads and utilities, both surface and underground (water/sewer/phone/internet). It's all who owns what stick and who needs what sticks need to be purchased so this 100 year old crumbling bridge and surrounding support structure/land/utilities can be replaced for safe travels for everyone.

Easements are not general, they are highly specific. When you bought your house, it was loaded with easements. So many people have the legal authority to come on your property, drive on it, dig it up (and fix it), and they were probably established before you were born.

 

[Mark K]

Another issue in R/W work is when the owners build 'something', fence, landscape mounds, brick mailbox, etc. in the existing R/W and when the R/W appraiser meets the owner and tells them that they are not going to be compensated for those items, the owners typically get indignant. One guy build a nice brick and iron fence and when he asked how much he was going to be compensated for 'his' fence I told him that it's not his fence; he built it on the existing county R/W, therefore, it already belongs to the county. He was unhappy. Other times it a treeline, etc.

 

[Terrel L. Shields]

Our properties in Burlington city owns to the street, but the greenstrip between the sidewalk and the street is considered "public" property yet property owners have to maintain it?

Tulsa, for one, is notorious for taking flood easements when they do a road or culvert, then in the easement they require the landowner to mow the grass in that easement. Many object and they will take it out.

The Corp of Engineers leased 200 acres of a friend's ranch for flood control and pay an annual fee, but they require the landowner to remove all the driftwood. In years like this year, it is a real PITA for the owner as the whole 200 acres was pretty much under water, the level fell slowly so much of the wood stayed where it was instead of drifting downstream. Result? Numerous wood piles to burn after pushing up with a tractor and front-end loader. Meanwhile the pelicans are ticked off that you are running around in their playground. You don't want to try and pet one. They bite like sixty.

 

[Terrel L. Shields]

existing county R/W

County claimes they have 80' now but they only had 33' when the fence was built so they are not happy with me. They simply push dirt up against my fence until it is covering a lot of the lowest wire.

 

[Mark K]

County claimes they have 80' now but they only had 33' when the fence was built so they are not happy with me. They simply push dirt up against my fence until it is covering a lot of the lowest wire.

At some point the owner (You or previous owner?) had to have signed over an easement if it was increased from 33 to 80' if they claim that much. They can't just take an easement without compensation. What do the recorded documents indicate?

 

[Terrel L. Shields]

At some point the owner (You or previous owner?) had to have signed over an easement if it was increased from 33 to 80' if they claim that much. They can't just take an easement without compensation. What do the recorded documents indicate?

They don't know, the judge is simply declaring an 80' easement and has no way to verify it and I have no way to prove they don't. We built the fence in 1972 after the county cleaned the ROW and ditched it and showed us where the line for 33' (one rod on each side of the line) On the paved ROW, we gave them the 80' and no easement was created or filed. We just pulled the fences back at our expense to get the road paved.