I'm getting an easement over an existing road to a landlocked piece of property. On the way the county shows a railroad, now not in use. The problem is that after tracking title back to the patents there is no record of the railroad ever getting any right of way.
I can't find it, the title company can't find it. The county shows it as being owned by the railroad company, clearly there was a track 50 plus years ago but it's long gone now. All the deeds show it as a railroad easement to private owners. I really hate looking for something that doesn't exist.
There were many rails that went to sawmills, gins and other long gone enterprises that were mostly deeded to the long gone company.
Many had a statement that when the rails were pulled that the property reverted back to the land owners and some did not.
There is a sidetrack leaving the main line in the center of Naples, Texas that is still owned by a sawmill that closed 70+ years ago and home and highways are constructed on top of.
The title companies simply ignore that the deed exists................
The county shows it as being owned by the railroad company
What railroad company? If the RR owned the entire property, there wouldn't be any easement or right-of-way? They probably sold parcels off based on it being a monument but than tore up the rails. We have such things here. No records, no rail or ties, company long gone, once rural land now being developed with housing.
Interesting to me that you can buy a landlocked parcel.
Check with the public utilities commission. They have a lot of railroad info in some places..
From the deeds it appears that the ranch that owns the property is the successor to the easement for the railroad strip. The property has been merged and there is no reason for an easement even if the railroad was re-activated. As long as the title company signs off this should be an "easy" project.