250 C.M.R. 6.02 Survey Work Affecting Property Rights
(7) Work Products.(c)Report the area of each surveyed parcel in appropriate units of measure and number of significant digits to express the value accurately.
Not in Washington state. Our statutes list elements that are recommended to be included in a land description, with the acknowledgment that they are not all necessary, nor applicable to all situations. Area is not actually on that list.
I can't imagine a new tract, meaning a division or subdivision, being endorsed/approved without that information showing conformance to a zoning requirement.
In some states it's not a question of minimum standards, because creating a new tract falls under subdivision regulations. The place to look would be the goverment entity(s) that regulate subdivisions. In this case every subdivision platting requirement I have ever seen requires areas.?ÿ
A new lot cannot be created by description alone in Oregon. Must be by a recorded plat. There are a few rare exceptions to that, like by judicial order.?ÿ
The platting requirements include showing the area.?ÿ
On small parcels, I give area in just SF.?ÿ On medium size parcels, I write both SF and acres.?ÿ On large parcels, I just give area in acres.?ÿ I don't go that far out, but since 1 SF = 0.000022956 Acres, I almost understand why some do it.
A new lot cannot be created by description alone in Oregon. Must be by a recorded plat. There are a few rare exceptions to that, like by judicial order.?ÿ
The platting requirements include showing the area.?ÿ
But what about a boundary line agreement, creating a legal description of an easement, etc. Those are not subject to the platting laws, right??ÿ
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(For those which call any survey map a "plat", "platting" in this context means a subdivision of land resulting in the modification and/or creation of legal lots.)
(For those which call any survey map a "plat", "platting" in this context means a subdivision of land resulting in the modification and/or creation of legal lots.)
That is true. The word "plat" in these parts is reserved for maps that create new lots.?ÿ?ÿ
I can't speak for OR, but in Alaska any change to a boundary is a subdivision, but you are right an easement, unless it is a public ROW, does not fall under subdivision regulations.?ÿ
But what about a boundary line agreement, creating a legal description of an easement, etc. Those are not subject to the platting laws, right??ÿ
Easements, sure. I write loads of descriptions for those. I always include an area and it will be commented on if I don't, but I'm not aware of any statutory obligation to include it. It's a need to have to determine the value.
BLA's (agreements) are treated as BLA (adjustments) and must go through the BLAdjustment application procedure to become effective. That is, you can have an agreement with your neighbor and all, but if you expect to get the planning department to recognize it you are going to have to follow the formal procedure. It's been an issue for a while and there have been attempts to push a change in the law through which have all failed to date.?ÿ ?ÿ But the planning departments and the County Surveyors (who have statutory standing in this state) all recognize the situation and make allowances, for the most part. The courts disfavor anything other than the deeded/platted line and are loath to recognize an agreement line in any but the clearest of circumstances.?ÿ?ÿ
