County Road Recording

[Chris Davis]

I live in Milwaukie, Oregon, which is in Clackamas County.

I recently found that the road in front of my house (county road) it not what is currnetly paved. The current road is from a survey from 1924, and this is the survey that I used when I purchased my home. They have now found a filing from 1917 that changes the road and the right-of-way on my property quite a bit.

They are currnetly repaving and widening this road so I am sure that this is how the filing was found. I went to the county and found that even with the 1924 survey, the original county road was recorded in 1917.
The only way to changed a county road would be to file a "vacation" something-or-other. And it looks like that was never done.

I accepted this, as an understandable mistake, but now I have a question. When was this process put in place, was it requried in 1924 to file a "vacation" in order to change the road, or would the new recored survey be considered the new road?

If this process was not in place at the time, what would have been the policy to change the county road.

If the "vacation" was required at that time, then that is the end of it. If not, I want to know what documents I should be searching for regarding this issue.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Chris Davis:
I live in Milwaukie, Oregon, which is in Clackamas County.

I recently found that the road in front of my house (county road) it not what is currnetly paved. The current road is from a survey from 1924, and this is the survey that I used when I purchased my home. They have now found a filing from 1917 that changes the road and the right-of-way on my property quite a bit.

They are currnetly repaving and widening this road so I am sure that this is how the filing was found. I went to the county and found that even with the 1924 survey, the original county road was recorded in 1917.
The only way to changed a county road would be to file a "vacation" something-or-other. And it looks like that was never done.

I accepted this, as an understandable mistake, but now I have a question. When was this process put in place, was it requried in 1924 to file a "vacation" in order to change the road, or would the new recored survey be considered the new road?

If this process was not in place at the time, what would have been the policy to change the county road.

If the "vacation" was required at that time, then that is the end of it. If not, I want to know what documents I should be searching for regarding this issue.<HR></BLOCKQUOTE>

You should review your title insurance policy and call the title company to talk to them about the problem. Ask them if the title policy covers the right of way to the property and what survey was used in the issuance of the title insurance policy.