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Alley Abandonment  

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Tommy Young
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July 6, 2018 12:35 pm  

I've got a subdivision that had an alley along the outside perimeter.  A later plat subdivided the adjoining property.  Some time later the alley was abandoned.  Does the entire alley go to the lots that adjoined it in the original subdivision, or does half go to those lots, and the other half go to the adjoining lots in the newer subdivision?  This is a Tennessee survey.


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thebionicman
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July 6, 2018 12:40 pm  

In every State I work in, the Alley property would stay with the original dedicator. Havent surveyed in Tennessee since '81 so ymmv...

CFedS, PLS ID-OR-WA-UT-NV


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holy cow
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July 6, 2018 8:18 pm  

Here it would go to the subdivision of its origin.  I always think of the outside boundary of a subdivision as being similar to a section line. If it came from only one side of that line then it stays on that side of the line.


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James Fleming
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July 7, 2018 3:28 am  

If the lot owners received fee title to the beds of adjoining dedicated roads and alleys, they did so only to the extent that the fee to the lot and the fee to the dedicated area came from the same grantor.  

“Civilization is not an endless succession of inventions and discoveries, but the task of ensuring that certain things last.”
— Nicolás Gómez Dávila


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John Giles
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July 7, 2018 9:20 pm  

I've found with alley's, at least in my part of the world, it will depend on how it was deeded to who. Though abandoned, it doesn't cease to exist and there has to be a title transfer from the town/county that it was reserved for. I've never run into one though, that deeded to somebody that didn't purchase within the original subdivision.


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Dave Karoly
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July 8, 2018 12:18 pm  

Marginal Streets Doctrine, the alley goes back to whence it came.

Although the public abandons its easement, the other Lot owners in the subdivision may still have a private easement.

While we are on the subject of hard work, I just wanted to tell you that I am a man who likes hard work.
I was born working and I worked my way up by hard work.
I ain't ever got no where, but I got there by hard work.
Work of the hardest kind.
I been down and I been out
I been disgusted I been busted and I couldn't be trusted.
-Talking Hard Work, Woody Guthrie


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Glenn Breysacher
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July 9, 2018 4:03 pm  
Posted by: Dave Karoly

Marginal Streets Doctrine, the alley goes back to whence it came.

Although the public abandons its easement, the other Lot owners in the subdivision may still have a private easement.

This is the answer above.

Regards,

Glenn Breysacher, RPLS-TX


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Dave Karoly
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July 10, 2018 6:59 am  
Posted by: Glenn Breysacher
Posted by: Dave Karoly

Marginal Streets Doctrine, the alley goes back to whence it came.

Although the public abandons its easement, the other Lot owners in the subdivision may still have a private easement.

This is the answer above.

Well I'M WAITING! 15 hours should be plenty enough to reply to everyone else on the thread! Come on-HURRY UP!

Your post seems either unnecessary or incomplete.

While we are on the subject of hard work, I just wanted to tell you that I am a man who likes hard work.
I was born working and I worked my way up by hard work.
I ain't ever got no where, but I got there by hard work.
Work of the hardest kind.
I been down and I been out
I been disgusted I been busted and I couldn't be trusted.
-Talking Hard Work, Woody Guthrie


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Glenn Breysacher
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July 10, 2018 8:00 am  
Posted by: Dave Karoly
Posted by: Glenn Breysacher
Posted by: Dave Karoly

Marginal Streets Doctrine, the alley goes back to whence it came.

Although the public abandons its easement, the other Lot owners in the subdivision may still have a private easement.

This is the answer above.

Well I'M WAITING! 15 hours should be plenty enough to reply to everyone else on the thread! Come on-HURRY UP!

Your post seems either unnecessary or incomplete.

? I'm agreeing with your post. That is all.

Regards,

Glenn Breysacher, RPLS-TX


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Scott Ellis
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July 11, 2018 11:12 am  

There is no one size fits all answer to who owns the Street and or Alley Way when a Plat is abandoned. It all depends on how the land was dedicated to the public. You have to read the dedicated on the Plat, and find the deed that was filed with the Plat. Also who has been using the Streets and Alleys and if they are still needed for others to have access. 

Some wanted the land to revient back to them or their heirs, some were like I never want this land back the street and alley was can go to the Lots. 

I am getting worried about the knowledge of today Surveyors, when I first started if I asked a Boundary question, any question, the answer I got back was, well it depends, then I would get 4 or more answers covering difference scenarios that could come up. Now it seems Surveyors only know one size fits all answers.


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dwayne
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July 11, 2018 4:40 pm  

The matter of alley abandonment is dependent on state law and jurisdictional status. If the jurisdiction holds status of fee title, then it may dispose of the property on its own terms. I participated in a misunderstanding of this matter during a platting process.


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