In a nearby county I believe they hand out monkey wrenches to the planning review staff every morning to help "brighten" the day for everyone else. Two recent comments that we had to address were concerning a proposed access easement "Who will be entitled to use the easement?" Our plat states that it's for "tract A". Beyond that, I don't know who else might be granted the right to use it. A little farther down the list of comments was "Please provide recorded deeds for the proposed easement." Now how is the deed going to reference a recorded plat when they won't let the plat be recorded until they see the recorded deed? Typically the plat is recorded first or else the plat and deed are recorded simultaneously.... I'm getting tired of dealing with "emergencies" that the reviewers are convinced threaten the future of civilization by bringing down the sky upon the hard heads of mankind.
Me. "What's the difference?"
T.C. Carroll "It's the difference between right and wrong!"
Catch 22 is alive and well in planning.
I had a client that wanted to split her property and grant the west 1/2 to her daughter. She lives in a house on the east 1/2, the west 1/2 has a garage. The property is way bigger than needed for the zoning and it is a full lot and part of another lot so it's basically an easy one. However, the garage on the west 1/2 makes splitting it "illegal". Two garages is OK but not one isolated garage; so the regulation says. But, the daughter insisted that they will build a house next to the isolated garage, NOPE!! Not allowed. And of course you can't build another house before the split.
I thought we were talking to Major Major Major Major after the meeting. Wondered why he didn't open the window and drop out it before the meeting started.
Now how is the deed going to reference a recorded plat when they won't let the plat be recorded until they see the recorded deed?
heh Yeah, that's pretty dumb.
I think there is some change happening in the Boise area to get easements recorded separately from plats so if a platted easement is later vacated then the developer or HOA or whoever doesn't have to go through the entire plat review process again to amend the plat.
I'm not entirely sure of the details and I don't do much plat work at the moment so maybe I'm not explaining it right, but based on my initial understanding it seemed like a sensible change.
Here at my city the question is commonly whether an easement is a public easement, to the city (or another public agency with an interest), or for the use of a private owners of the dominant estate.