Real Property – Land underlying Road 

Posted: 1:00 am Mon, February 8, 2010
By admin
Tags: Real Property

Land underlying Road

Where in the 1950s the Stowrings platted a subdivision out a larger tract of land; the plat contains a dedicated roadway; the parties, who are subsequent owners of a lot and unplatted land, respectively, stipulated that any fee interest in the dedicated road remains subject to easements granted for right-of-way passage and utilities; and neither the dedication nor any of the deeds conveying lots or unplatted land to the subsequent owners contains an express declaration that the Stowrings reserved or conveyed fee title to the road; we conclude that the District Court did not err in holding that each party has fee title to the center of the road.

Affirmed.