most of these plats also include a certificate of acceptance by the municipality. regardless of that, the plat is reviewed by planning and approved by signature. This amounts to acceptance, at least by the municipality IMHO. i still say that point is moot for the surveyor, we don't determine ownership or whether the easement exists, we simply show the purported easement (until we have documentation of abandonment or vacation). The map certainly shows the easement, so we have to show that unless we can show the easement no longer exists. If the easement was vacated, i would put that in the notes.
Let's pretend for a minute
Let's pretend for a minute that on this plat roads are shown in Phases II and III although they are not actually being platted at this time. It's just the developer's dream on those future phases. Does that mean they really exist? Have they somehow been given credibility by adopting the plat of Phase I? I sure hope not!
> most of these plats also include a certificate of acceptance by the municipality. regardless of that, the plat is reviewed by planning and approved by signature. This amounts to acceptance, at least by the municipality IMHO. i still say that point is moot for the surveyor, we don't determine ownership or whether the easement exists, we simply show the purported easement (until we have documentation of abandonment or vacation). The map certainly shows the easement, so we have to show that unless we can show the easement no longer exists. If the easement was vacated, i would put that in the notes.
Most states, like Texas, have codified certain law (see Local Government Code Chap. 212 in Texas)that explicitly state that the mere approval and signature by a municipality on a subdivision plat doesn't constitute acceptance of the streets, alleys, easements shown thereon. There has to be evidence of acceptance, such as installation of infrastructure, maintenance of a drainage way, improvement, etc. If this was not the case, then you would have people dedicating streets, alleys, floodplain, easements, etc. that the municipality didn't want, or couldn't possibly maintain just because of the sheer amount of resources it would take. I see this all the time.
Too many surveyors don't understand this area of the law and need to read and understand subdivision platting law in their state. KNOW THE LAW.
But again, there was no offer of dedication, so this is a moot point
Let's pretend for a minute
Dragging out my little-used license, I would venture to say that there was no more dignity for the electric easement than there was/is for the proposed Phase 2, 3 and 4 at the time the plat was recorded. Just as Phase 2 wasn't official until the plat for that part of the development was approved and recorded, neither would the proposed easement have any significance if never formalized.
Well, I have not seen that in the NC statutes, but what we have in this area is a statement from the public utilities (or often from the county water/sewer ) accepting the easements which is signed..not just a map showing the easement...here is an example. I agree completely that laws, practice varies even county to county, much less across states. This pretty much tells me we have an offer and acceptance. Notice that they accept the street dedication too. meaning, they have an easement in the r/w, even if the street does not get built
I.__________________________, Review Officer for the Cape Fear Public Utility Authority, New Hanover County, North Carolina, certify that the map or plat to which this certification is affixed meets all Authority standards and requirements for the public utilities as set forth by ordinances. With the recordation of this plat, the Cape Fear Public Utility Authority accepts the owner's offer of dedication for the public water and/or sewer purposes all easements, common areas, and/or rights of way shown on the plat as dedicated for public utility purposes. Approval of this plat does not guarantee the availability of water and sewer services from the Cape Fear Public Utility Authority.
CAPE FEAR PUBLIC UTILITY AUTHORITY
________________________________________
Review Officer Title Date
and dont forget Larry, not all utility companies participate in 811. For instance, most municipal entities (County electric companies may or may not be included)
> Well, I have not seen that in the NC statutes, but what we have in this area is a statement from the public utilities (or often from the county water/sewer ) accepting the easements which is signed..not just a map showing the easement...here is an example. I agree completely that laws, practice varies even county to county, much less across states. This pretty much tells me we have an offer and acceptance. Notice that they accept the street dedication too. meaning, they have an easement in the r/w, even if the street does not get built
>
> I.__________________________, Review Officer for the Cape Fear Public Utility Authority, New Hanover County, North Carolina, certify that the map or plat to which this certification is affixed meets all Authority standards and requirements for the public utilities as set forth by ordinances. With the recordation of this plat, the Cape Fear Public Utility Authority accepts the owner's offer of dedication for the public water and/or sewer purposes all easements, common areas, and/or rights of way shown on the plat as dedicated for public utility purposes. Approval of this plat does not guarantee the availability of water and sewer services from the Cape Fear Public Utility Authority.
>
> CAPE FEAR PUBLIC UTILITY AUTHORITY
>
> ________________________________________
> Review Officer Title Date
That makes sense from what you posted. I've never seen anything like that here in Texas. I still don't understand why a Public Utility Authority would accept offers of dedication that way. I suppose they are taking the opposite tact and do not want any ambiguity or question as to whether they've accepted an easement. Each to his own.
> and dont forget Larry, not all utility companies participate in 811. For instance, most municipal entities (County electric companies may or may not be included)
Far too true for comfort. When the new law kicks in next October things should gradually improve.
Larry P
In a phased project, where there is no other reason for the easement in an unapproved as yet phase, wouldn't the certification have language accepting those dedications in phase 1. Or something to that effect? I mean, what if the planning law changes between phases and the easement accepted previously would no longer be sufficient. Just doesn't make sense.
The other problem is that these sound like easements in gross. Which typically would mean that because the developer sold the land without mention of the easement, and the reason for it has disappeared, then the easement would disappear. In other words, if the easement existed it was conditional for a certain purpose to a certain entity and not tied to the land, so does not run with it unless specifically transferred with it each conveyance.
I think surveyors should address these issues. Put an opinion and the facts on the map. Certainly others can argue over it further. Surveyors don't garauntee boundaries let alone title. Doesn't mean clients don't want our opinion on the matter.
