- 24 Replies
- MemberDecember 6, 2019 at 2:01 am
because they can’t hang you and/or make money on something labeled as proposed
- MemberDecember 6, 2019 at 2:02 am
Because they have no sense of the real world.
- MemberDecember 6, 2019 at 2:28 am
What do you tell them?
How can they hang me James? If I remove the word and send them the final recordable easement plats and they record them the easements are still “proposed” until a deed is signed by the owners. Just curious if it’s a coon worth treeing?
- MemberDecember 6, 2019 at 2:30 am
Okay, I don’t know why a furry little woodland animal is considered potty mouth.
Wendell sensored me!
- MemberDecember 6, 2019 at 2:38 am
Have learned the hard way. You have to use the formal “two-syllable” version of the animal’s label. BTW, there is no such thing as a **** dog that you might use to assist in the treeing process.
Also, things can be peculiar but not “qu**r”.
Not sure if one can talk about a Cockshutt tractor. Guess we will find out.
- MemberDecember 6, 2019 at 2:43 am
Now I have known let’s of folks who have many varieties of coon dogs. There’s the Black &Tan coon dog and I belive the redbone coon dog and they would take those critters out into the woods and hunt racoons or as some would call them coloquilly coons.
I didn’t take to coon hunting.
Sorry I just couldn’t resist the opportunity to test the censors.
- MemberDecember 6, 2019 at 2:50 am
Looks like the plural version doesn’t meet the criteria.
- MemberDecember 6, 2019 at 2:54 am
Back on topic, has anyone ever gotten bent over for not using “proposed”?
- MemberDecember 6, 2019 at 11:40 am
It really doesn’t matter, it’s “proposed” whether you label it as such or not. Your plat is only an accessory document until it becomes part of the title when acknowledged in a deed. I always thought planning jurisdictions requiring “proposed” was silly. Many of them now require “new”, which makes more sense for a recorded subdivision plat with new public r/w and easements.
- MemberDecember 6, 2019 at 1:08 pm
I’ve come to find the reason being this:
Proposed seems to suggest the journey of the plat’s adoption through the approval phases of review.
However, we should look at the plat as it is meant to be viewed by others using it as a recorded document. The easement exists as shown and accepted on the plat.
As an example: Showing a proposed sight triangle easement to the county of XYZ is wrong. The deed for the easement is recorded before the plat is filed. The plat is labeled as, “Sight triangle easement per DB 12345, page 4321.” This goes for anything at the county or state level. However, easements dedicated to the township are accepted as recorded when the plat is filed. (New Jersey)
- MemberDecember 6, 2019 at 1:42 pm
Dem coons! Is dey bein descriminated all bout?
Mebbe Wendell don’t like me frin!
🙂 ah tink dem coons need frins too!
How do ah pik me frins? Ah doan. Dey piks me!
This is “Cutie”. She is my son’s coon-. Er raccoon that is. She goes with us to milk the cow. She likes warm milk. She likes to play with everything.
- MemberDecember 6, 2019 at 1:54 pm
We use proposed on surveys for individuals because that is what it is. It only becomes real when the action is documented via recordation of a document. We are only dealing with one side of the equation. For example: The client says he is going to allow an ingress/easement easement across the property to benefit a neighboring tract with a width of 20 feet. Long after we are gone and the survey is on file the client and the neighbor agree to a different width and then record a document using the different width. The document recorded is the notice to the public that matters, not something we have shown on our plat.
Now, when it comes to subdivision plats that require signatures from a host of officials we never used ‘proposed’ because it is either fully accepted by all or it comes back to us to make a change’.
Please remember that in the general case our plats are there to back up the recorded documents. It would be great if they always agree but they don’t. A special case I have encountered involved a DOT highway dating to the early 1930’s. A county road with a total ROW of 50 feet was being converted to a State highway. The highway plans show a total ROW of 60 feet. The action to either condemn or purchase the additional land NEVER happened. The highway plans are wrong. The 50 foot width happens to match physical evidence yet today. This became a project for us when a utility crew installing a fiber optic line about 28 feet from the center line cut through a natural gas line that was installed where it was supposed to be. The Court ruled against the fiber optic contractor in the suit for damages.
- MemberDecember 6, 2019 at 2:52 pm
I don’t use that word, it creates confusion when the documents are filed, I have to agree with the attorneys if you are describing a new easement.
If you are describing a new easement along a proposed right of way then I would show the proposed right of way as proposed. This is something we do for DOT projects as the utilities want to move outside the new highway before the new highway gets going. It then is up to the attorneys to put in language that extinguishes the new easement if the highway project falls through.
- MemberDecember 6, 2019 at 3:22 pm
I don’t see the problem. Unless there is a document recorded agreeing with what we show there is no easement despite our plat saying there is (or may be). Our plat puts the public on notice that they need to search for a recorded document. Just because we say something is true (in the future), that does not make it true.
- MemberDecember 6, 2019 at 3:24 pm
Along the same line, I have created tracts of certain dimensions. Later, the client and his neighbor agree to move a line, say 10 feet further to the east. They have a deed drawn up using the increased number on two parallel lines and everyone is happy. Our plat does not agree with the recorded document, but, the recorded document wins.
- MemberDecember 6, 2019 at 3:28 pm
WHY DO ATTORNEYS HATE THE WORD PROPOSED?
Probably because they have been through several costly divorces. ????
- MemberDecember 6, 2019 at 3:33 pm
Change it to “anticipated”; just for reaction from them ???? Let us know!
- MemberDecember 6, 2019 at 3:46 pm
Thanks for the wisdom Y’all.
Log in to reply.