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UPDATE: Land ownership/deed question

Lol. I actually just had a discussion with a professional not 10 minutes ago. He recommends going to talk to them and (kindly) showing them the plat and letting them know that if it was conveyed to them that this property is theirs or solely for their use, they may want to go back to said person for clarification. With the understanding that the legal documents leave a lot to be desired, it is his opinion that all lot owners of the subdivision have an easement over the recreation area.


When you say they have an easement over the property.. you are implying control?
 
When you say they have an easement over the property.. you are implying control?
No, just recreational usage rights...forever. Any attempt to change that would require agreement from all lot owners in the subdivision. Of course, anyone willing and able could disagree with that, but that's a whole can of worms I'm not willing or able to deal with.
 
When you say they have an easement over the property.. you are implying control?


It may be that the county owns the recreational property with an easement for public use. That could be a downside for the property owners if some urban outdoorsmen decide to homestead it. The issue of actual ownership will need to be examined by an attorney knowledgeable about how the county treats dedication of land for public use.

Without a HOA, it is questionable if the lot owners in the subdivision "control" the recreational property, or could change it's use. The recreation tract will always be subject to "public use" however you want to style that use -easement, license, residual interest. Refer back to the clause on the plat that creates the "public use" - it includes the streets and utility easements which are in the same category - the lot owners don't control those (and may come to regret it if the county has not assumed ownership of the streets).
 
Late to the party on this one, but extremely interesting dispute/thread. If you are able to locate the actual "owners" of the property, which appear to be the 1/2 interest individual/1/2 interest developer, it may be worth writing up a letter proposing a license to use the recreational area for your son to fish. If all the land is intended to be used for is recreation, a license may be a good bet, and would give you more of a leg to stand on with the state and local entities, as they become more involved (assuming the prior owner(s) would grant it). Not a lawyer, so not legal advice, but interested to see how this one turns out. Had a similar issue with the pond in my parents' neighborhood that all the neighborhood kids grew up fishing in. Nobody fishes in the pond anymore, but now the pond-lot neighbors have to pay for the full freight of the upkeep of the pond that used to be shared by the entire neighborhood (costing them WAY more than they were paying previously).
 
No resolution yet, the dickhead is now parking ****ty vehicles on the property and has posted no trespassing signs on all the trees. In the process of getting a title investigation started. I'm not spending any personal money on this so it's a slow process. I heard through the rumor mill that the person with the other 1/2 interest in the property is now deceased so I assume his heirs are now in control. I'm just laying low until I get more facts.
 
Can't remember if the tax assessor route had been brought up, but it may be worth looking at each parcel and surrounding parcels via free online tax assessor records (GIS records).
 
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