SB17-097 - Vacated Alleys Presume Included In All Deeds

Passed/Signed into Law
Concerning the presumption that a conveyance of an interest in land also conveys an interest in adjoining property consisting of a vacated right-of-way.

Under current law, a conveyance by warranty deed carries the presumption that the grantor's interest in an adjoining vacated street, alley, or other right-of-way is included with the property whose legal description is contained in the deed. However, this presumption does not apply to other types of deeds or to a lease, mortgage, or other conveyance or encumbrance.

The bill removes the language containing the presumption from the warranty deed statute and relocates it, with amendments, so as to broaden the application of the presumption of conveyance of an adjoining vacated right-of-way to include not only warranty deeds but also all forms of deeds, leases, and mortgages and other liens.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


House Committees

Senate Committees

Latest update: April 6, 2017
04/06/2017 - Governor Signed
04/04/2017 - Sent to the Governor
04/04/2017 - Signed by the Speaker of the House
04/04/2017 - Signed by the President of the Senate
03/28/2017 - House Third Reading Passed - No Amendments
03/27/2017 - House Second Reading Passed - No Amendments
03/22/2017 - House Committee on Local Government Refer Unamended to House Committee of the Whole
02/17/2017 - Introduced In House - Assigned to Local Government
02/14/2017 - Senate Third Reading Passed - No Amendments
02/13/2017 - Senate Second Reading Passed with Amendments - Committee
02/08/2017 - Senate Committee on Judiciary Refer Amended - Consent Calendar to Senate Committee of the Whole
01/27/2017 - Introduced In Senate - Assigned to Judiciary