Civil Engineering Reference
In-Depth Information
9.14 A Deed May Not Describe Current Ownership
The experienced researcher is aware that an existing deed for a property may not
describe the current state of ownership. There may have been parcels sold out
of the original deed which are not exempted from the original description. For
example, suppose that A owns Single-A-Ranch, a 100 acre parcel. Over the years
A sells off a number of lots. Because A's deed is already recorded and cannot be
changed, the deed no longer describes the current state of ownership. A researcher
surveying A's property always has to look in the grantor index to determine if A
has conveyed some part of the original parcel. If the researcher determines that A
has made conveyances, he will need to get copies of those deeds.
The same rule applies to acquisitions by A. If the surveyor is charged with sur-
veying all of A's property she must search in the grantee index under A's name to
determine if A has gained additional property.
9.15 Researching Plans
At some point during the research process the surveyor will need to determine if
there are any plans on record or elsewhere that have the potential to affect the sub-
ject property, or provide information that may help to locate evidence of bounda-
ries. Whereas deeds are almost exclusively found in the recorder's office, plans
have a number of possible sources.
Sometimes a deed will reference a recorded plan. If so, the plan should be
available in the same recorder's office as where the deed was found. Experienced
surveyors know that just because a deed does not call for a plan does not mean
that plans do not exist on record. Recorders' offices usually have a separate index
for plans. Just how plans are indexed varies from one jurisdiction to another.
Sometimes they are indexed by street names, sometimes by the name appearing in
the plan title and sometimes by both. Street indexes are useful because it is often
possible to find plans showing surveys of nearby parcels.
Most property in populated areas has some frontage on a public or private road
or street. If this is the case, then the surveyor will need to establish the street line.
Many public streets have been “laid out” by the city or town. The layout of a street
usually consists of a plan showing directions and distances of street lines and the
location of monuments set to fix the street lines (Fig.
9.4
). Sometimes these lay-
outs can be found in the recorder's office. It is not unusual for these layouts not
to be recorded. In such cases the surveyor will have to go to the local highway
department or department of public works in order to obtain copies of the plans.
Many highways are created and maintained by state agencies. Where this is the
case, the surveyor will need to contact the state highway department in order to
procure copies of the layouts. A similar situation may exist when a railroad forms
a boundary. If the plans are not found in the recorder's office it will be necessary
to contact the railroad engineering department to obtain copies of the plans.
