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.
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.
The next deed (our deed) just says "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.
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 with 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) just says "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?
