Texas Subdivision Platting Requirements

It is sufficient to report the metes and bounds on the plat itself. Some counties are not adept at reading the regulations and misunderstand this portion and the portion of the law that requires you to tie the plat to a corner of the parent tract or original survey. In at least 2 counties around here we have to put the field notes on the plat and show a tie to an original abstract corner, because they claim that the law requires it.
James Redmon

Metes and bounds does not refer to a complete property description narrative.

Metes and bounds is the information contained in the calls portion of a property description that contain bearing, distance, passing calls, adjoining ownership, physical markings on natural and man made objects, monuments found and/or set, reference monuments and objects, personal identification information, and other significant facts.

All of this can be shown on a drawing without being in a descriptive narrative form.

> It is sufficient to report the metes and bounds on the plat itself. Some counties are not adept at reading the regulations and misunderstand this portion and the portion of the law that requires you to tie the plat to a corner of the parent tract or original survey. In at least 2 counties around here we have to put the field notes on the plat and show a tie to an original abstract corner, because they claim that the law requires it.
> James Redmon

Wrong. You should have said "Some counties require a strict interpretation of the written word with the tract being subdivided actually described by metes and bounds on the face of the plat."

As far as the survey corner goes, keep digging. It's there. It is required by OLD LAW for subdivisions as it's written in M.E. Spry's book. It was a way for them to PLOT them as they developed.

Robert

This is a subject near and dear to my heart. First, (you already know this) decide if you're in Chapter 212 or Chapter 232 of the local government code. Next, figure out if the subdivision regs you're working under are more strict than those two. Finally, for us, in our county and our city, the field notes of the tract being subdivided are placed on the face of the plat. Typically, they're typed in word and cut and pasted.

I know more about subdivision's than I should I'm sure. Not from having done them all over the state, but from the damn hoopla that was made about stuff that wasn't happening in Cherokee County, Texas.

As far as the OAG thingy goes, I wouldn't rely on it for anything. The local government code and the political subdivision's particular requirements are more important. That's what our county attorney told the AG and he backed off since an opinion, is simply that, an opinion.

james, just for you.

Sec. 212.004. PLAT REQUIRED. (a) The owner of a tract of land located within the limits or in the extraterritorial jurisdiction of a municipality who divides the tract in two or more parts to lay out a subdivision of the tract, including an addition to a municipality, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts must have a plat of the subdivision prepared. A division of a tract under this subsection includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. A division of land under this subsection does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated.

(b) To be recorded, the plat must:

(1) describe the subdivision by metes and bounds;

(2) locate the subdivision with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part; and

(3) state the dimensions of the subdivision and of each street, alley, square, park, or other part of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, alley, square, park, or other part.

(c) The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in the manner required for the acknowledgment of deeds.

(d) The plat must be filed and recorded with the county clerk of the county in which the tract is located.

(e) The plat is subject to the filing and recording provisions of Section 12.002, Property Code.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 624, Sec. 3.02, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 1046, Sec. 1, eff. Aug. 30, 1993.

Enjoy. Bing is awesome. Took about 2 minutes.

Robert

Kris,

I think you mentioned it, but the State gives the local municipality the authority to determine what they want/need on a plat. That's in Chapter 212 as well. I don't have time right now to paste that section as I have to go to a meeting.

The requirement of tying it to an original survey corner is archaic, as it's nigh imposible to do since those original corners have disappeared. I have seen some cities require at least a scaled distance/bearing and label as such.

> This is a subject near and dear to my heart. First, (you already know this) decide if you're in Chapter 212 or Chapter 232 of the local government code. Next, figure out if the subdivision regs you're working under are more strict than those two. Finally, for us, in our county and our city, the field notes of the tract being subdivided are placed on the face of the plat. Typically, they're typed in word and cut and pasted.
>
> I know more about subdivision's than I should I'm sure. Not from having done them all over the state, but from the damn hoopla that was made about stuff that wasn't happening in Cherokee County, Texas.
>
> As far as the OAG thingy goes, I wouldn't rely on it for anything. The local government code and the political subdivision's particular requirements are more important. That's what our county attorney told the AG and he backed off since an opinion, is simply that, an opinion.

james, just for you.

"corner of the survey or tract or an original corner of the original survey"

Kris,
I think you are overlooking this word. I also have never seen a legal definition of metes and bounds that states it must be in field note form. I have always learned that you can present your "metes and bounds" in 3 different formats, field notes, plat, or survey report.

James Redmon

James begging your pardon but,

Blacks Law, revised 4th ed to wit for Metes and Bounds: The boundary lines of land, with their terminal points and angles. Lefler v. City of Dallas, Tex. Civ.App., 177 S.W.2nd 231,234.

Blacks Law, revised 4th ed to wit for Describe: To narrate, express, explain. Boynton Rel Estate Co. v. Woodbridge Tp., 94 N.J. Law 226,109 A. 514,515. Of land, to give the metes and bounds. Livingston v. Seaboard Air Line R. Co., 100 S.C. 18, 84 S.E. 303.

So, metes and bounds must be narrated, not graphically show, at least according to Blacks Law, but what do I know, right?

As far as the survey corner, I suppose you're right, but your initial statement indicated that you didn't believe that the survey corner was required by law. So long as the political subdivision requires, it, it is law.

James begging your pardon but,

Again, I think you are picking and choosing the words you want.

"To narrate, express, explain"

Narrate is just one of the three verbs listed. You can definitely express and explain through a sketch, and depending upon your definition of narrate

nar•rate (nrt, n-rt)
v. nar•rat•ed, nar•rat•ing, nar•rates
v.tr.
1. To tell (a story, for example) in speech or writing or by means of images.
2. To give an account of (events, for example). See Synonyms at describe.

A sketch also meets that definition. I am sorry if I did not explain myself clearly earlier in regards to jurisdictions misreading the law. I was referring to Sec 212.004 as referred to in the post that I was replying to. I fully understand that each jurisdiction can have additional requirements.
James Redmon

James has it on this one

I agree with Mr. Redmon.