We have a client that owns 75 acres in the ETJ of a small city. He intends to divide it into 4 parts for his children to inherit. The city is telling us it must be platted. I am not as well versed on the platting laws of Texas as I should be, but I am wondering if the city has the rights under law to require this be platted?
Search your state's code for testamentary subdivision.
Most states provide for a person to will portions of their property with out a formal subdivision. But you have to die, first, before they can take ownership...
In 2000, there was a law that stated that two jurisdictions couldn't exert control over the same land. That then precipitated (at least in our county) a host of "inter-local agreements" that the county either retained or relinquished the platting of that ETJ area. Some cities kept it and others relinquished it.
My recommendation is that you contact your county attorney. The would have been on board with any and all inter-local agreements and may very well have a stack of them that affects other towns in your county. From there, if the county relinquished it, and the city is claiming it, then you have to play ball by the City's rules, or in your case, plat the tract and division if it doesn't fit one of their exceptions or Chapter 212 of the Local Government Code.
Depends on the city and/or county. We run into that relatively often.
There is a mention in the books in Texas that basically says that any division of property requires a plat.
That does not necessarily mean that the plat needs to be recorded.
Local towns and counties can adopt their own rules for the area of their jurisdiction as long as they do not go against State rules.