Duane Frymire, post: 385842, member: 110 wrote: Yes, the lots don't exist until they are either recognized as existing by a municipal body or they are transferred (although a transfer now without proper approvals could be invalidated). The surveyors work is still good (if it was to begin with). But, staking lines and making maps alone does not change boundaries let alone title. Inaccurate tax maps can cause all kinds of problems though and lead to a loss of title or a move of boundaries, but lots of other things have to happen as well. On the same idea though, the landowner could change the subdivision map they are holding any number of times if it's not recognized by the jurisdiction and that could lead to fraud and mistake as well when they file the same titled map but lines have been changed or lot numbers changed on each sale.
Yes, I would definitely argue that senior rights would be the rule of last resort to use in this situation rather than proration. But if the monuments are in and called for, then rules of last resort become irrelevant after this length of time unless something was so grossly off as to make the line in a different location via estoppel.
I didn't take your posts as combative, just trying to help a client. I've gotten a lot of help here and try to chime in if I think I can help others. As always, I could be wrong.
Interesting.
I will let everyone know what the County attorney's opinion is when he gets back to me. This will never end up being litigated, it will be far cheaper for my client to pay me to prepare what the County calls a Lot Line Adjustment Plat and add the area he wants to purchase to his existing lot.
Holy Cow, post: 385845, member: 50 wrote: There seem to be two distinct camps in this world.
One believes the land belongs to everyone and, therefore, everyone (and I do mean EVERYONE) has total control over everything to do with any specific parcel, no matter who holds the deed to such land.
The other believes that private ownership permits the private owner to make decisions for a specific parcel so long as that does not negatively impact adjoiners.
Those who argue there is another camp are not land owners. They simply have opinions based on things they have not experienced personally.
Edit: It makes more sense when you use the word adjoiners instead of adjourners. Neither word gets past spell check, however.
Yeah, but the first group you mention camped in "America" in the 17th century and the law has reflected their views ever since.
We had a similar discussion in our office recently regarding when a subdivision exists.
Our situation is different. A landowner requested a boundary adjustment plat, which I drafted and he recorded after city approval. The adjoining landowner has an issue with the access and maintenance easement between his lot and the adjusted lot and wouldn't agree to sign off on a document the city required after recording. The landowner determined that a second boundary adjustment plat was the fastest and best alternative. The original boundary adjustment plat was recorded and is a part of the public record but the lots have not been conveyed. A second boundary adjustment plat was drafted and recorded. What subdivision was being adjusted by the 2nd boundary adjustment plat? The original plat or the boundary adjustment plat?
It was the opinion of a coworker that a subdivision, even one properly recorded, doesn't come into existence until there is a conveyance. No conveyance, no subdivision.
In your case, that the subdivision did exist for the conveyed lots but didn't exist for the lots not conveyed lots. Had the landowner recorded even a quit claim to himself at the time he created the subdivision and referenced the plat created by the surveyor (as in the other documents) than the lots would exist. That seems to be the stance taken by the county in your example.
I did a right of way survey that included an unrecorded plat and in that case the lots we conveyed as 'Lot _ of an unrecorded subdivision' with a metes & bounds description. We were able to get a copy of the unrecorded plat and the county accepted the shapes conveyed at the time of original conveyance. The "lots" were created but the subdivision was not.
Probably not helpful but I had some time at lunch 🙂
I couldn't help myself...
Depends if you are Pro-Choice or Pro-Life...
Sorry 😉 No offense intended...
MD Surveyor, post: 385849, member: 10081 wrote: Interesting.
I will let everyone know what the County attorney's opinion is when he gets back to me. This will never end up being litigated, it will be far cheaper for my client to pay me to prepare what the County calls a Lot Line Adjustment Plat and add the area he wants to purchase to his existing lot.
If all the lots were conveyed at the same time, that would have essentially created a S/D. The County is under no obligation to recognize the remainders as lots, as they did not accept the S/D. It would be like cutting out a lot without going through the subdivision procedures and expecting the County to issue a building permit. It sounds like the County has a reasonable solution with the Lot Line Adjustment Plat. Some attorney could come up with another angle like Constructive Notice and charge a great deal of money by pursuing litigation.
A filed subdivision plat does not automatically create the lots shown on it. This is State specific; if the State has a statute (as California does) which enables lots to be created by filing a subdivision map then they are created (here the owner signs the Owner's Statement which creates the lots and dedicates the streets and easements). In California, subdivisions before 1926 did not create the lots. I think this is based in the common law merger doctrine; there is no boundary between the same person. State statutes are superior to common law doctrines.
A subdivision map is just a graphical legal description. Just because some Surveyor drives a few stakes and drafts a legal description does not mean separate lots sprang forth; it is only when the owner attaches the description to a Grant Deed and executes it to another person that the lots come into existence.
I know nothing about Maryland law so can't say for sure whether or not the map created the lots but I suspect the County is correct. It is not difficult to research and find out. It would be a fun challenge but I can't do it today. I have to prep the back lawn for the boy wonder's new play structure; it is still reasonable temperature-wise out there right now.
