I generally use the word, "Proposed", when preparing an easement plan for easements that don't exist yet.?ÿ So I'll have, "Proposed Access and Utility Easement", within the plan.
A lawyer is asking me to remove, "Proposed".?ÿ I know they're intending to record the deeds and plan at the same time.?ÿ I guess my concern is that if papers don't pass for some reason, and the plan gets recorded, will people mistakenly think that these easements exist already?
Am I being concerned about nothing here?
I am dealing with one of those right now, except in reverse. The PLS did not note the easements were 'proposed' and the deal fell through. The owner is losing his mind over the easements on a recorded survey.
Explain your stance to the attorney and see if he gets it. If not, you don't want him as a client. ?ÿ
Am I being concerned about nothing here?
Absolutely not. Never remove "proposed" from anything until you have seen or possess recorded documents somewhere to back it up. ?????ÿ
Yea, what FL/GA said.?ÿ They're either proposed or existing.?ÿ Show me a filed easement and the word "proposed" gets removed.
We deal with this all the time when recording short plats, binding site plans, etc. It gets pretty screwy, because sometimes the county wants the easement to be dedicated by plat, other times they want a separate doc to be recorded at the same time. Do the same thing for a city in that county and they want the reverse...
On our maps we have a block of text reading "XXXXX Easement per AF No. ______________"
On the separate document they will have a block reading "as shown on plat/BSP/etc. recorded under AF No. ___________"
When the map/plat and the separate documents are taken for recording, the auditor assigns the numbers at that time, and they are simply written in the blanks then. No recording, no reference.
I think it's weird. But it's common practice around here.
"Easement to be created with the execution of the proper documents."
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Since you're working for a lawyer, make sure to charge him by the word for this.
Seems to be standard in Maryland (at least the counties I work in) to never label as ??proposed?, whether on record plats or sketch and descriptions.?ÿ
By the time you squeeze all 200 easements onto one lot, you??re kind of grateful to shrink that label size, even if by one word.
Existing always labeled as such with recording reference.?ÿ
Can you indicate it's status by using a different text style??ÿ We use different text types for proposed vs existing & note that in the legend.?ÿ
Like most here, I like to see the word "proposed" in the label because it removes all doubt. But if the attorney is being difficult you might just have to work around him/her.?ÿ
Some of the planning jurisdictions in my area require "proposed" which I feel is stupid terminology. Many have changed to requiring "hereby dedicated". The reality is that your map and easement does not mean much legally until it's acknowledged by a deed or declaration.?ÿ
Thinking about the future, in case this doesn't go as planned, there'll be a recorded plan showing easements that don't exist, and might confuse people into thinking they do.?ÿ Words have meaning, but sometimes it doesn't matter.?ÿ If the conveyances occur at the same time, it's moot.
I'm only speaking for NC, but this may apply elsewhere.?ÿ
As a title agent once stated to an attorney "a map is a map is a map"
A survey, map, plat, etc. is an accessory document only.
It does not become part of the title until acknowledged in a deed or appropriate instrument.
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Nearly all of these I do are titled Exhibit A, as an attachment to an easement dedication and they're recorded together. Without the dedication, acceptance and recordation, whether by plat or by document, the map in of itself doesn't create anything so I don't get too hung up on 'Proposed'. It's just a form of legal description and if the dedication isn't accepted, nothing comes of it. No reason to record my map if the easement falls through.
I get that.?ÿ It's nothing major.?ÿ But I have some reasoning behind why I do it.?ÿ The lawyer just said that the work proposed is interpreted as incomplete.?ÿ I don't agree, but I work for a living, but will take a stand when it matters.?ÿ This is probably one of those times that it doesn't, so no reason to hold a pissing contest.
Thanks for all the replies
In my local jurisdictions we label the easement, such as the standard utility easement bordering new right of way, as 'XX' utility easement.?ÿ Then in the dedication we define the dedication of each easement such as the XX' utility easement and ..... are herby dedicated <insert language here>
If it's a separate exhibit I'll always put proposed or existing notes on easement.
Not an option available everywhere, but the best way to do this is to create the easment with the plat, then there is no danger of a non existent easment showing up in a recorded plat.?ÿ
