Highway Boundary Concepts Part 2 Right of Way Line Recovery

1. Highway Boundary ConceptsPart 2 Right of Way Line Recovery Right of Way Line Recovery

2. Right of Way Line Recovery Highway Boundary Concepts, Part 2 What will this session be about? • Boundary Concepts for R/W line Recovery • Three (3) important questions. • Preaching to the choir, a pep talk. • A picture is worth a thousand concepts. • Questions and Comments.

3. Where’s the highway?

4. Recovery of Right of Way Lines comes down to three important questions? ? ? • Adequately gathering facts. Do I have all the evidence? • Correctly evaluating facts. What is the best available discovered evidence? • Arriving at conclusions of law. Based on law, what can I conclude?

5. With that, I’m done.Next! Sincerely, Remember these questions. Use them as we review the concept examples. (note to self: remember the little pep talk)

6. Written conveyance • In written conveyances of acquisitions needed for relocated highways, land is usually described using a strip description. • Described centerline • Right of way lines based on the centerline. • The written conveyance is indispensable evidence for locating right of way lines. • When written conveyance construction is doubtful • O.R.S. 93.310 Rules for construing description of real property

7. Theory of Majority Probability Logical approach to complex deed problems. Examine, weigh and balance following factors to arrive at proper location (Wattles: Land Survey Descriptions): • Mathematical correctness • Location of monuments • Location and age of lines of possession • Superiority of one call over another • Previous survey records • Seniority of adjoiner deeds • Common customs of other surveyors • All other factors

8. Right of Way Line Concept • Highway right of way lines are most often defined based on a centerline. If you recover the right of way centerline, you recover the right of way lines.

9. Done again.Next! • Not so black and white Should stations be prorated? What about side streets, county roads, railroads? Are there Multiple centerlines? Do all the deed descriptions match the recovered centerline? Was the monumented centerline the deed centerline? Are there any donations? Are there portions of right of way not based on the centerline?

10. Right of Way Line Concept • Here is a simple scenario where if you recover the right of way centerline, you recover the right of way lines.

12. Right of Way Line Concept • Recovered right of way lines should match the characteristics of the record right of way lines.

15. Right of Way Line Concept • Check to make sure you are basing the right of way lines on the correct centerline. ( recovered right of way design construction monumented )

19. Right of Way Line Concept • Where’s the highway? The right of way drawing doesn’t always directly point to a record with the answer (i.e. a R/W File; a record deed; another R/W drawing; whatever)

21. Right of Way Line Concept • The ODOT drawings are in flux. What you see is not always what is. • Read the record reference

23. Right of Way Line Concept • When locating highway right of way lines defined from a centerline, look for dangling parcels that may or may not be sold.

25. Right of Way Line Concept • ODOT acquisition deeds using strip descriptions that overlap property lines can result in a property line (of a property that wasn’t fully surveyed in ODOT’s project recovery) becoming part of the right of way line.

27. Right of Way Line Concept • The right of way lines are not always defined using a centerline.

29. Right of Way Line Concept • To recover highway right of way, other right of way may need to be recovered. (i.e. railroad; county road; city streets)

32. Right of Way Line Concept • Monuments set by ODOT for right of way corners after the deed was written, shown on the map, but not mentioned in the deed, are subordinate to those controlling monuments called for or considered a part of the deed. • Using acceptable evidence: Is the monument occupying a legally controlling deed position?

35. Right of Way Line Concept • Metes and bounds attached to a centerline.

37. Right of Way Line Concept • Look for dedications or donations along highway right of way lines.

39. Right of Way Line Concept • Highway right of way through federal lands is typically easement. • There may be some private lands surrounded by federal lands that the highway runs through and that we have acquired right of way from.

43. Right of Way Line Concept • Proceed with caution when using practical location as evidence for locating highway right of way lines. • Can only be used to clarify ambiguity. Can’t alter clear terms of the deed. • Gather the evidence of original improvements • Prove conformity between construction, design, right of way map and acquisition document • Mutual designation by both parties

44. ? ? ? Where’s the highway? ? ? ? ? ? ? ? ? ? ?