Deed language "...fee in streets and alleys reserved by parties of the first part."

[lisach]

Jurisdiction

West Virginia

In doing deed research back the deed tree for our property, I've come across the circumstance where part of a larger piece of property purchased in October 1917 was apparently made into a commercial subdivision, because the next deed (dated January 1918, 4 months later) is for "LOTS" of a "BLOCK" in what's called "Industrial Center". Reference is made to a plat map created by a civil engineering firm filed in the county courthouse. The deeds selling these lots have this language.

In consideration for ……. the parties of the 1st part do grant and convey to the parties of the second part lots …. as shown on the plat of Industrial Center in….. as laid out in lots, streets and alleys upon map thereof made by (CE firm)….. and being part of the same land (referring back to preceding deed). Together with the right to use for the purpose of ingress and egress said streets and alleys in common wit the owners of the other lots shown on said map, but fee in said streets and alleys, subject to such right, is reserved by the parties of the 1st part.​

The first party on this very first deed was in individual not a company nor corporation.

So over the next 60 years and several deeds, this last bit about the streets and alleys gets changed a little bit. The next 2 subsequent deeds changed this clause to a "fill in the blank" where it stipulates who reserves the fee in said streets and alleys and then, did not fill in that blank.

.... but fee in said streets and alleys, subject to such right, is reserved by _________.​

The next deed (our deed) describes the streets and alleys to be used for ingress and egress and follows with;

"... as heretofore granted in former conveyances"​

So now 100 years later a street, shown as a small side street on the plat map, is in question. I've looked at the plat map created by the C.E. it does show this side street. The street is unidentified whereas the other City streets are identified.

• If that street was indeed part of the Industrial Center, how would I find out? How would it have been recorded or described or directed to the C.E. firm that made the map, what the actual boundaries were, and what the desired layout of the development was to be? What kind of instrument am I looking for?
• If the "fee in streets and alleys is reserved by the parties of the 1st part" on the very 1st deed to sell a lot in the Industrial Center, does that party continue to hold the reservation down through subsequent deeds? Does this mean the fee is actually still reserved by the original owner? With the original owner being deceased, does that mean the fee passed on to his heirs?

Little further information on the subject: The lots were sold twice prior to the city incorporating in 1927. We have owned the property since 1977. The side street in question borders our commercial building that spans 4 rectangular Industrial Center lots. It travels in a straight line alongside our building to the back of the lots. There it intersected with a, then County, now City street that ran along the back side of the lots. On the other side of that street is a railroad. 60 years ago the RR widened their rails and the City Street was abandoned and destructed. It's now grass. We have treated that side drive (along with the grassy area of the abandoned street) as our own since it's the only way to get to our warehouse on the back side of the lots and gives access to no other areas nor operates as a through-way. We have maintained both of those areas as if they were our own including but not limited to; regular maintenance and surface improvement.

50 years ago a Bank came in and purchased the private property (not part of the Industrial Center) on the other side of the side street in question. They needed more room for their parking lot and the City gave them an easement on the back side where the abandoned City Street is. The City also gave them an easement to part of that side street reducing it from 30' width to 18' width. So someone at the city actually thought it belonged to the city. Thus my research into the deeds and inquiring as to how the Industrial Center was laid out, whether the side street was part of the original Industrial Center, and who maintains the "fee reservation" in streets and alleys of the Industrial Center.

Thanks in advance. I realize this is no way legal advice. I just wanted some opinions on the language of "fee in streets and alleys reserved by parties of the first part", before I approach the city about it.

 

[army judge]

Thanks in advance. I realize this is no way legal advice. I just wanted some opinions on the language of "fee in streets and alleys reserved by parties of the first part", before I approach the city about it.

I suggest you consult a real estate attorney about the deed.

You might discover that approaching the city to be abruptly rebuffed is an unrewarding task.

 

[lisach]

I suggest you consult a real estate attorney about the deed.

You might discover that approaching the city to be abruptly rebuffed is an unrewarding task.

Exactly. The problem today is that we have been attempting to prevent local residents from trespassing on and through the area due to frequent incidents of vandalism vagrancy and theft. The locals are pushing back.

 

[adjusterjack]

I zoned out reading all that stuff about deeds and easements and abandonment.

If you want to keep people from trespassing and vandalizing, build a fence on your property line.

Nothing in your post suggests that there is any documentation that you have a right to use that other property as a route to your warehouse.

However, you might have a claim for ownership under adverse possession. For that you will need to hire a lawyer and go to court.

 

[lisach]

Thank-you so very much for your response. Let me see if I can address what you've said.

I zoned out reading all that stuff about deeds and easements and abandonment.

1st yes it is a lot of information and I apologize that it was perhaps too much for you.​

If you want to keep people from trespassing and vandalizing, build a fence on your property line.

Yes that certainly is an option.​

Nothing in your post suggests that there is any documentation that you have a right to use that other property as a route to your warehouse.

Each deed sine the Industrial Center was developed conveys the property "Together with the right to use for the purpose of ingress and egress said streets and alleys in common with the owners of the other lots shown on said map."​

However, you might have a claim for ownership under adverse possession. For that you will need to hire a lawyer and go to court.
I am familiar with Adverse Possession and understand that would require an attorney.

What I am trying to figure out is this:

• If that street was indeed part of the Industrial Center, how would I find out? The original map referred to doesn't seem to have the boundaries outlined.
  
• How would it have been recorded or described or directed to the C.E. firm that made the map, what the actual boundaries were, and what the desired layout of the development was to be including streets and alleys?
  
• What kind of instrument am I looking for?
• If the "fee in streets and alleys is reserved by the parties of the 1st part" on the very 1st deed to sell a lot in the Industrial Center, does that party continue to hold the reservation down through subsequent deeds?
  
• Does this mean the fee is actually still reserved by the original owner?
  
• With the original owner being deceased, does that mean the fee reservation passed on to his heirs?

Perhaps you could help with these questions?

 

[adjusterjack]

Sorry, but I don't see you resolving this by researching 100 years of property records without expert (paid) help.

And, eventually, you will have to address the issue of whether or not you can claim ownership.

You can continue to use the route until somebody says otherwise and then you can spend the money defending yourself in court or you can spend the money now and seek ownership through adverse possession (quite title).

Your choice.

 

[OldSurveyor]

I am getting impression that the true question here is whether a "street" created in 1917 as part of a private development (industrial park) has somehow come to be treated as a public right of way over time. We don't have everything before us, but in the absence of a public dedication and acceptance, I don't see from here a public right of way being created.

As for the underlying fee ownership, it rests with the original owners or their heirs or assigns in the absence of further information. There is no ambiguity about the original grant and reservation as yet.

West Virginia has a fairly unique system of public roads. They are either streets as part of a municipal road system, or part of the state highway system. There are no county or township roads (actually, no townships at all). If the municipality asserts the private "street" as a public right of way, it is they, not you, who will have to do the research to prove otherwise from the 1917 plat.

A local attorney should be able to research this and assert your rights as advised.

BTW in 1917 there was no licensure of civil engineers or surveyors in West Virginia, or pretty much anywhere else, but that would not affect a 1917 plat creating the parcels and private rights-of-way therein.

Good Luck!

 

[welkin]

If the "fee in streets and alleys is reserved by the parties of the 1st part" on the very 1st deed to sell a lot in the Industrial Center, does that party continue to hold the reservation down through subsequent deeds? Does this mean the fee is actually still reserved by the original owner? With the original owner being deceased, does that mean the fee passed on to his heirs?

There is nothing ambiguous about what you quoted in the first deed. What you have are easements created by plat where the grantor reserves all streets and alleys as his property making him the servient estate and all the buyers of lots in the subdivision dominant estates that get to use the streets and alleys as long as they own property in the subdivision. Nothing you posted suggests that the streets and alleys have been made public. They are nothing more than easements. Without a dedication and acceptance, these roads are private.

So the answer to your questions above is that the fee is held by the grantor, his heirs, or assigns.