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Constituting One of the Boundaries of the Property but Lying Outside its Perimeter
The following must be made part of the legal description:
The following may need to be determined or considered:
The findings in regard to the above issues may result in the need to raise pertinent exceptions.
Constituting One of the Boundaries of the Property But Lying Within its Perimeter
Same as set out above, except that any title commitment or policy will need to contain an exception relative to that portion of the property within the street, alley or road.
An exception relative to that portion of the property within the street, alley or road must be made part of any title commitment or policy.
The general rule is that the owners of land abutting on street, alley or roadway are presumed to own to the center of the street, alley, roadway, and the public is presumed to hold an easement therein.
The following situations can be mentioned as exceptions to the above rule:
The points of intersection of streets, alleys and roadways are frequently used as the points of beginning in metes and bounds descriptions. Often, streets, alleys and roadways are widened and their width changes accordingly.
Consequently, when using such descriptions it becomes necessary to ascertain that no change has occurred after the original description was drafted and recorded.
When such descriptions are encountered, and in connection with the point of intersection, it is advisable to insert the following phrase: "as now established."