I did a replat of a few lots back in the summer and it turns out I made a typo In the property description (I wrote the word South View instead of South Creek). So I am filing an amended plat to correct it.
My question is - Since one of the lots has sold, do the owners of that lot need to be added under the Certificate of Ownshership?
My initial thought is that the only signatures needed are those from the first replat.
Not that this matters but this is a rural subdivision, no planning commissions, etc. are involved. Also, I checked the deed for the lot that did sell and it was correctly conveyed.
Thoughts?
Corey
>> (3) Party to the original instrument if the party prepared the
>> original instrument; or
Wow. We're pretty low on the totem pole if that's the loophole we jump into in Arkansas. Are we a party who signed the deed as a vested interest person? I mean, we don't prepare the instrument, only the legal description in a subdivision. I'd tread lightly in Arkansas, folks. Never heard of an Amended Subdivision Plat process, except once when the surveyor died and we went in and set all the monuments post construction with our tags instead of his, done by recordation in the deed books. It served notice, was cheap and exposed us to minimal liability.
In California we have two options: Certificate of Correction or an Amended Map. They are found in California Government Code Section 66469 - 66472.1
The scrivener's affidavit can cover it, I think. Anything truly revising or replatting the subdivision requires ALL owners to participate.
