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ISSUE for Surveyors is:WHERE IS THE BOUNDARY LINE ONCE PUBLIC EASEMENTS ARE REMOVED
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1. (Re)Locating Easements and Reversions DEDICATION:
“An appropriation to some public use, made by the owner, and accepted for such use by or on behalf of the public.” (Black’s LD; 500)
VACATE (Easement):
“To put an end to; as.. to vacate a street…….to cease from occupancy”
(Black’s LD; 1717)
REVERSION RIGHT:
The right to land located in a vacated easement
4. Reversionary Rights Unless contrary statement in conveyance, it is presumed that dedicated roads only create an easement for the public.. (201)
If it is clear in a conveyance that the fee is not transferred, then an easement is assumed
When a govt. agency takes an easement for highway purposes, an easement right is presumed (201)
Some states require all dedicated streets created by plat to pass in fee simple to the public body involved
Once a public easement has been extinguished, it can be revived only by a new dedication or eminent domain
“…a 30 ft strip of land for road purposes..”
5. Easement vs Fee Simple