I have a project where a subdivision plat was recorded about 1970. More than a hundred lots but I'm only working with parts of two of them. For what ever reason these lots where never sold by conveying using the lot description. Bigger chunks where sold by metes and bounds (not following lot lines) and then these parcels where further divided. These parcels included land in the subdivision and adjacent never platted land. At this point client has two adjacent metes and bounds parcels. One of these parcels includes about ½ of each of two platted lots. It took a bit of research to figure this all out and there is more to do to make sure I have it right.
The county is taxing the two parcels and the two lots (4 tax notices). Client wants to make two build-able parcels (or lots) out of all the land owned. A lot line adjustment between the two parcels would do it. The planner says client has two building lots from the leftover of the subdivision lots. A lot line adjustment is simple, the planner can approve it without any public notice or meeting. I don't think the subdivision lots actually exist as there has never been a conveyance based upon the plat and referencing the sub lots. But it's messy, there is a road that has never been developed and another that has been moved affecting the lots and the metes and bounds parcels. So some sort of vacation of the part of the original plat needs to be done (maybe just the road and then a new dedication of the moved road needs to be done. We are in new territory here, this would require public hearings and county commission approval, NOT SIMPLE or quick!
When I first looked at the project it seemed straight forward, dig into it and it's just a mess. Anyway the planner is working with us trying to find the solution, got a meeting tomorrow.
So do subdivision lots really exist if they have never been conveyed as a subdivision lot? Maybe the lots don't exist but the public interest (roads etc) probably does (never built or used though). The challenge is to make this mess a clean deal. Why did it fall into my lap?
If the subdivision plan is treated as though it never existed, which is one option, are there existing public roads servicing each tract? If the earlier metes and bounds tracts that were sold ignored the streets assumed to have been dedicated with the subdivision plan, it makes it harder to argue that whatever fraction of the roadway system left is valid if all the rest isn't valid. Anything that is convenient is probably either illegal or shortsighted. This is why we get paid the megabucks.
It it a case of chicken or egg, which came first.
In all the states I have worked in, once land is platted, approved, and filed, the lots become lots. However, as you are discovering, once in a blue moon, for whatever reason, the county assesor never creates unique tax parcels for these new lots.
Sometimes the solution can be found on the face of the plat (lot creation contingent on community well approval or road being built to county standard, or upon approval of some other entity).
The jurisdiction (county, city, municipality) may still have the records of the plat application and approval. That may offer some insight to your problem.
In my experience, sometimes it was simply missed by the assesor, other times there were shenanigans being done with land transfers (1880's era), that rendered the plat useless. (You cannot divide what you do not own)
I certainly don't know how things worked in Utah back then (or now for that matter), but when the subdivision was created was it subject to various subdivision and zoning regulations? Was it subject to review and approval by governing authorities? Was the plat recorded with any kind of dedication - especially things like dedicating roads to the public use, utility easements, etc? If there were dedications, were they accepted? I would guess that all these types of issues must be taken into consideration in making any kind of evaluation. But the mere fact that no lots were sold is probably way down on the list of criteria.
I would think reconfiguring lots would require consolidation/re-subdivision plans just as the subdivision plan created them?
Subdivision was done, roads dedicated, the whole bit in 1965. Most of the lots were sold as sub lots. Along the western side of the whole thing it gets wet (sort of swampy) so I don't think the lots sold so well and someone decided to reconfigure it (I think). Anyway, doesn't appear they really were all that concerned about doing it according to zoning and such and they hacked a huge mess. I suppose I'm the one hired to clean up the mess, just trying to sort it out as to all what needs to be done. I don't think the county wants it's pound of flesh so much as the tidy up and more taxes if a couple of new homes are built. It's near Park City, Utah, any home built on these lots would be in the 1/2 to a million range, so the property taxes would add up. Roads and utilities are already in place, wouldn't really cause any extra county maintenance over what they are already doing.
"Most of the lots were sold as sub lots."
What are sub lots?
If the plan is recorded, you need to find out which streets were actually accepted. Any paved road, unless it's a private drive, would have probably been accepted. If there is a street sign, it's probably been accepted.
I reckon someone bought a deed that mentions the lots or you wouldn't be fretting it. I've run into similar situations and it was a bugger to solve. Those lone lots in a sea of chaos.
Good luck.
From a zoning/planning standpoint the lots may exist, from an ownership standpoint the lots may not exist yet until conveyed.
Two different facets of law. Regulatory vs Common Law.
Yes they do exist, once the plat is accepted and filed. The public gets rights to the dedicated roadways. Also rights are given to the easements created, I expect there are some of those. You can't put the toothpaste back into the tube, so you have accepted lots.
That some areas have been sold as parts of lots doesn't vacate the subdivision.
Ain't me that done all the goofy stuff. I just get to straightin it out!
