Having a discussion about whether or not the owner is required to sign a subdivision plat creating new parcels of land.
One side is stating of course they do, only the owner can divide their land and the signature must be on the plat authorizing, etc.
The other side states, no. The owner only signs when local jurisdiction (county or city) requires it.
It's one of those I can't believe we are having this conversation, conversations.[sarcasm][/sarcasm]
Logic, which has very little to do with regulations, would dictate that the owner must sign some document. I would hope that no one could subdivide my land without my permission. Whether that is the plat or some other declaration would be local practice.
Around here that's handled on the subdivision application. Isn't there a review entity that signs off on the plat? You should have some requirements from them. Seems there should be something that the owner signs adopting the subdivision.
I have had certificates on the face of the plat when a swap or a new lot line by agreement was involved. And if new public right of way is created there is a dedication certificate on the plat.
Many areas of the state have no requirements, no review, etc.
The answer is yes, no, or maybe
In my neck of the woods, the owners signature must be on a recorded document. But that could be on the deed that accompanies a minor subdivision plat. Or it could be on an "Owner's Consent and Dedication" that accompanies the plat. Or some jurisdictions require it to be on the plat itself.
The first place to look for the answer is state law. Then the next place would be subdivision regulations.
Our State requires an executed owners certificate on the Plat. You will not get the required County Surveyor signature without it.
The Owner Muat Sign Something
If the Plat is the only thing being filed then he must sign the plat. In the case of a minor subdivisions, deeds rather than a plat are filed. The Owner must transfer all deeds from himself to himself.
If the owner signs nothing then nothing is what happens.
Paul in PA
The Owner Muat Sign Something
Not only are the owners required to sign plats, the mortgage owners (if any) are as well. Plus they must be notarized.;-)
An "Owner's Certificate" (notarized) has been required on the face of most all SUBDIVISION PLATS (more than say 3 lots) in the areas that I work in since probably at least the 1950's. That is with or without a new street or a strip dedication. Now, only since 1990's has signatures of both owners been required for RELOCATION/VACATION OF LOT (Tract or Parcel) LINES. Again, all owners signatures are notarized.
As with everything in surveying... IT DEPENDS!!!
Out West it is required on the plat for any division of land. Be be it 1 or 1,000. But then we record everything out here.
Like many of the above posters, I'll reiterate what they've said. In the 2 states I've done such work, there is always an "Owners Certificate", wherein they grant the land division and/or any public dedications for roads, easements, or anything else.
If there is such dedications, then the approving agency(s) must also sign an "Acceptance Certificate". Thus completing the transfer of rights from the owner to the new and acknowledged recipient of said rights and ownership.
Generally all this takes place after reviews by all approving agencies. The actual conveyance does not get completed until such time that the final approved plat is signed, sealed and Recorded.
$0.02 in my little world, but that's how I/We do it.
Having a hard time imagining a world in which the owner's signature was not required. That is such a basic part of the complex process. There should be proof that the owner is happy if 87 other people have to be happy. (planning commission, city/county commission, zoning board, county/city attorney, county treasurer, county clerk, county register of deeds, etc.)
I guess that's why, during the boom, developers called my little county the "final frontier". We didn't even have zoning until a year ago.
> I guess that's why, during the boom, developers called my little county the "final frontier". We didn't even have zoning until a year ago.
Still a few counties here in Virginia without zoning. But, they are not in areas that I'd ever expect a "building boom".
Out here it's codified that they must sign.
Subdivision plats will quite often convey an interest in land (easements, R.O.W. dedications, etc.), not to mention creating new lots of record. I don't see how someone could legally file and record a subdivision plat without the record owner actually executing and agreeing to the terms of the plat. You must have legal authority to convey an interest in land to a municipality or county by subdivision plat. Without that, there's no offer of dedication.
