Client is asking for a proposal for a lot line adjustment between a city owned parcel and a public street (right of way). I have never encounter anything like this and I don't think is possible since the public right of way is not a legal parcel per se.
Would something like this be possible?
Thanks for any insight,
Chris
Lot Line Adjustment between City owned parcel and public ROW?
-
40 CHAINS
- Posts: 12
- Joined: Tue Jun 05, 2012 2:20 pm
-
mpallamary
- Posts: 3466
- Joined: Tue Mar 11, 2008 2:12 pm
Re: Lot Line Adjustment between City owned parcel and public ROW?
If adjacent, the lot may already own the strip. See:
CIVIL CODE - CIV
DIVISION 2. PROPERTY [654 - 1422]
( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. )
PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5]
( Part 2 enacted 1872. )
TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855]
( Title 3 enacted 1872. )
CHAPTER 1. Rights of Owners [818 - 835]
( Chapter 1 enacted 1872. )
ARTICLE 2. Boundaries [829 - 835]
( Article 2 enacted 1872. )
831.
An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown.
(Enacted 1872.)
CIVIL CODE - CIV
DIVISION 2. PROPERTY [654 - 1422]
( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. )
PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5]
( Part 2 enacted 1872. )
TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855]
( Title 3 enacted 1872. )
CHAPTER 1. Rights of Owners [818 - 835]
( Chapter 1 enacted 1872. )
ARTICLE 2. Boundaries [829 - 835]
( Article 2 enacted 1872. )
831.
An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown.
(Enacted 1872.)
-
CBarrett
- Posts: 769
- Joined: Thu Dec 16, 2021 12:55 pm
Re: Lot Line Adjustment between City owned parcel and public ROW?
Generally speaking, City should either vacate or dedicate the needed area, by a grant deed or via quitclaim.
However, once someone looks at the actual situation, thy may uncover special circumstances.
As Mike pointed out, in case of a vacation, underlying fee should be considered, to ensure vacated property does revert to the owner of abutting land.
Who is it that specifically asked for a lot line adjustment? Are you sure the client didn't just happen to use terminology of 'lot line needs adjusting' not really meaning to be specific about the actual lot line adjustment process.
I am assuming the ROW and the city in question are the same city, and not two different ones?
Right of way usually is a perfectly legal parcel, but not a buildable parcel. Calling it an illegal parcel is likely to imply there's a cloud on title or some other problem, so you may want to avoid that term unless you want to alert your client to a problem.
However, once someone looks at the actual situation, thy may uncover special circumstances.
As Mike pointed out, in case of a vacation, underlying fee should be considered, to ensure vacated property does revert to the owner of abutting land.
Who is it that specifically asked for a lot line adjustment? Are you sure the client didn't just happen to use terminology of 'lot line needs adjusting' not really meaning to be specific about the actual lot line adjustment process.
I am assuming the ROW and the city in question are the same city, and not two different ones?
Right of way usually is a perfectly legal parcel, but not a buildable parcel. Calling it an illegal parcel is likely to imply there's a cloud on title or some other problem, so you may want to avoid that term unless you want to alert your client to a problem.