First off this is a property in California.
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I have attached a ROS for a parcel that shows a Gross and Net acreage for Parcel 2.
There is a note that says that the "Road Easement" is dedicated to the county.?ÿ Would this statement transfer fee ownership or just a "right of use" to the county??ÿ?ÿ
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The reason I am asking, we are looking at possibly moving to CA.?ÿ This zone is 5 AC min. and this parcel could possibly be split into two tracts if the road is part of their property.?ÿ If it is not then we would have to rezone the property.?ÿ?ÿ
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What say you? (With the understanding that I am not getting legal advice).
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It??s an easement except the county rejected the road easement and accepted the public utility easements. What this means for subdividing, ask the planning department.
Seems logical that it would be a "right to use", but I know nothing about CA law. But I do know the cost of living is substantially higher in CA than in FL. ?????ÿ
@flga-2-2 we only allow a higher class of chimps here.
Typically roads are easements in California, unless the offer or grant calls specifically for a fee interest.?ÿ Ca Civil Code 831 states "An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown."?ÿ Also Section 2077, sub 4, code of Civil Procedure reads "When a road, or stream of water not navigable, is the boundary, the rights of the grantor to the middle of the road or thread of the stream are included in the conveyance, except where the road or thread of the stream is held under another title."
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@dave-karoly Thank you for that.?ÿ I had overlooked the Clerks and Board of Supervisors Certification.?ÿ?ÿ
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It appears as though by that statement in the Certification the road is a "private" easement only to the benefit of the lots shown within this subdivision and was never formerly "Accepted" as a public road.?ÿ Not only was it not "Accepted" but it was formally Rejected by the Board of Supervisors.?ÿ?ÿ
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It may have some public rights that have been acquired over time with long time use by the public but on paper it would appear that a subdivision could be done on this lot with an access easement.?ÿ
I will speak to planning commission and a local surveyor before proceeding with this one though.?ÿ
We often show the acreage in the road for a parcel like this one since that acreage can be removed from the tax rolls. I haven't looked very closely at the plat,,,,,,,,but,,,,,,0.028ac in the road for parcel 1?. The centerline isn't the property line.
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Matt,
Planning does indeed include the acreage contained within the road easement (gross) for computing minimum acreage for allowing a division of land.?ÿ While this map rejected the offer of dedication, in 1988, the Board of Supervisors adopted a resolution accepting hundreds of such offers, but rejecting for purposes of County maintenance.
Parcel 1 of this parcel map was subsequently divided into two parcels under the Rural Estate 5 acre minimum.
CA is a long way from KY. ?ÿIs there a good story here?
Tuolumne County is looking for a Deputy County Surveyor.?ÿ Just sayin'
What are the requirements for this position? ?ÿI am not licensed there but believe I could sit for the exam. I have heard it is a really tough exam.?ÿ
@mattsib79 The ideal candidate would be licensed, but within a reasonable time works for the actual duties.
It's a comprehensive exam, so it's only difficult in areas a test taker is not overly familiar with.
