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Resolving Unknown Ownership Claims from Historic Easements Using Alta Survey

 In McKinney TX, many properties have old easements that are hard to understand. These easements were often created a long time ago, some with hand-drawn maps or informal agreements. Over the years, the records may have been lost, or the details were never clear to begin with. This can cause confusion about who has the right to use certain parts of a property.

An ALTA Survey in McKinney TX helps solve these problems. It compares past legal records with what’s on the ground today. This process helps landowners, buyers, and title companies understand where easements are located and who controls them.


Easement Issues in Older Areas of McKinney

In some parts of McKinney, land was divided many decades ago. At that time, easements may have been created to allow access or utility use. But many were not recorded properly.

This can lead to problems like:

  • Shared driveways or roads that cross other people’s land

  • Utility lines placed without clear legal rights

  • Old agreements that are no longer valid but still cause confusion

Without a property survey, no one can be sure where the rights begin or end.


Unclear Wording in Title Records

When reading title records, some easements are listed in vague or outdated ways. You may see terms like:

  • “Access as currently used”

  • “Utility right as shown on previous plan”

These descriptions don’t show where the easement is or who owns it. This creates problems when someone wants to build, sell, or change how the land is used. An ALTA Survey can give clear answers.


Finding the Actual Use on the Property

Sometimes, people use parts of the land in ways that are not in the legal documents. A survey helps match what is happening on-site with what the records show.

The survey may find:

  • Roads or trails that were never recorded

  • Fences or gates set up across property lines

  • Utility boxes or poles placed outside the correct area

This information is important when trying to settle who can use which parts of the land.


Comparing Old and New Property Data

To get the full picture, the surveyor checks:

  • Historic maps and deeds

  • Old property lines

  • The current layout of the land

By comparing all of this, the survey helps fix gaps or errors in the records.


Helping with Legal and Title Work

If there is a legal issue about who owns part of an easement, the ALTA Survey provides proof. Lawyers, title companies, and lenders use this data to correct documents, settle arguments, or approve loans.

When the records are updated, it also makes future sales or development easier.


Keeping Property Records Accurate

Once the easements are fixed, the new information should be recorded with the county. This helps:

  • Avoid future disputes

  • Make the property easier to sell or develop

  • Show clear rights to future owners or buyers


Frequently Asked Questions

1. What is a historic easement?
It’s an old right-of-way or shared-use agreement that may still affect a property today.

2. Why are these easements hard to understand?
They were often written poorly or never recorded clearly in the first place.

3. How does an ALTA Survey help?
It finds the true location of easements and compares that to what’s in the legal documents.

4. What if someone is using part of my land?
The survey can show whether that use is legal or needs to be stopped.

5. Should I do this before selling land?
Yes. Fixing easement issues early makes it easier to sell or build on the land later.



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