The Power of a Plat

What you did is very common here. We have to include a "Source of Title" statement that lists all the sources of title, and tells whether it is all or part of. Then you usually have to look at the face of the plat to see where the parts of the deed describe. It can be a nightmare for sure... and some surveyors are better at drawing it than others.

The only/best way around it (as I see it), is to do the plat/re-replat/whatever, and then have a deed written from the land owners to themselves and reference/record/re-recording the plat. Sadly though, nobody seems to want to do that much.

Carl

Sounds like if he tries to sell a lot in violation of the last plat, he will be violating the HOA.

Jon,

In Virginia (at least where I practice) when a consolidation plat is filed the land owner is required to sign a statement that he (she) is vacating the the common deed line or lines to create one parcel. Their signature on the plat has to be notarized. Once they do that, the local authority reviews and approves the plat and then it is recorded. Once recorded the owner cannot sell a portion of the lot without complying with the locality's current subdivision ordinance - it no longer matters that the one parcel is comprised of 2 or more deeds. Should the owner try to sell a portion of the lot using one of the old deed descriptions without filing a new subdivision plat they open themselves to prosecution for violating state and local requirements concerning the subdivision of land.
It seems a little odd that the HOA would allow this since the amount of money they collect is dependent on the number of lots (at least that's the case with HOA's around here).

Phil

Way back when I used to survey down there in the states (Maryland) the local planning authorities would require the owner to record a confirmation deed referencing the new plat.

Where I work in WV he would have to have a "merger" or "boundary line adjustment' deed written that eliminates a lot.

Same in California, the governing body will record a document spelling out the particulars like conditions of approval and such, attach a description (prepared by the surveyor) of the resultant parcels, thus providing constructive notice that the parcels have been merged/consolidated or adjusted in some way. The title co. then follows up with recording new deeds, vesting title to the resultant legal parcels. The plat of such an animal is just eye-candy for the planners, lenders and title people and never sees the county recorder's office.

Thanks for the replies guys.

Seems like most areas would require a deed.

I actually wondered about this several years back when doing a consolidation plat in another county. A small tract at the back was going to be deeded to the neighbor. I surveyed all around and showed the proposed new line and old line as "to be established" and "to be abolished".

Got a call from the P&Z telling me it read like a future event and I needed to remove the "to be" language. I don't think they ever understood that the plat alone does nothing to convey the property and that the lines would not change until a deed was signed. If the neighbors had a falling out, it would seem that the plat was nothing more than a conceptual drawing. Otherwise the filing of the plat would really be foolish without the cash for the sale in hand.

> I just returned from filing a consolidation plat for a client in a neighboring county. He owns 2 lots in a subdivision that I did the survey on. He wants to consolidate the lots in order to have only one HOA fee. The HOA allows this, and has already reviewed the plan. Everything is signed off on and filed.
>
> He now has:
>
> a. 2 deeds referring to 2 parcels as recorded on
> b. the original subdivision plan
> c. and a recorded plat showing the consolidation.
>
> The HOA wanted the consolidation plat filed so that the owner could not skip out on HOA fees then turn around and sell the lot at a later date.
>
> I know that I have seen previously subdivided property sold based on the current deed as opposed to a filed plan. This has usually been followed by a re-platting of the filed plan with changes to the original layout. However, the deed did not refer to the filed plan only the old description.
>
> Am I missing something or did the HOA not fully address the matter? Does the recorded consolidation plat have any control over the property boundaries unless/until referenced in a deed? This may be another item that is very much dependent on where it is done (i.e. local ordinances may be the final word on this).

So, I'll answer your question with a question: Does a lot still held by the developer of a subdivision need a deed to describe the retained lot that was subdivided, or is the plat sufficient enough?

I Agree, One Deed Should Have Been Required

Because a new owner in the future may not want such a large lot, the HOA should have also required a recovery agreement. In order to sell the vacant lot, all fees and assessments plus interest must be brought up to date. If someone wants a lot that bad I am sure the HOA could use the money. This also affects voting rights percentages and assessments. Every member must now pay more to maintain the common areas. The consolidated owner loses his second vote.

Paul in PA