My client wants me to reconfigure the lot lines between two properties for easier lake access.
The two lots were created in two separate subdivision plats.?ÿ
What is the best way to describe the two newly configured lots?
Lot 10R of Subdivision A and Lot 45R of Subdivision B? My title block seems like it will be a novel.?ÿ
There are so many variables here that it's a difficult question to answer. Where I am if you start fooling with previously platted lands you have to create a re-plat. ?????ÿ
In most places here it would simply be the same two lots that existed before less parts of both or plus fractions of adjacent lots. Four tracts that are spelled out as being full or partial lots if that many are in play.?ÿ Two tracts if only fractions of the two primary lots are involved.?ÿ This whole concept of moving lot lines is relatively foreign to me.?ÿ But, then I avoid the few big cities and wannabe big cities as a rule.
I spent a year in a GIS office of a county with 2211 sq miles, 16800 people, and the county seat only had 679 people (lopsided due to the BIG city of Denver to the NE), and I was amazed at how many splits and combos and vacations etc etc etc this sleepy little hamlet was cranking out.?ÿ Shocked actually. Great experience, and never felt I quite understood the county's eagerness to allowall these events to happen, as they couldn't even get the tax roll current almost never in the GIS, among other various unscrupulous things like issuing TCOs and never repealing them for finals COs etc....fun times in small towns........
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Here I would be filing a new survey that included both parcels. The resulting "descriptions" would be referenced to that and not the underlying subdivisions. I would however ask why one wouldn't recommend exclusive easements rather than changing lot lines? Here that would be a process that wouldn't involve the government and basically accomplish the same thing.?ÿ
Describing them should be simple, just refer to the pertinent parts of each original plat as you describe the newly configured lots.
A bigger question would be ' How does this work within your municipality?'?ÿ Around here what your trying to do could be a $500 or a $10,000+ level of effort depending on which City/County you're in.
Perment exclusive easments are not really easments though. Only the railroads can get away with that in court. If your local jurisdiction is O.K. with it, it won't hurt to do it that way for your clients, but don't expect it to last forever.?ÿ
As others have said how this is best handled will vary drastically by jurisdiction. Why is your title block so long. Shouldn't it just call out both lots, blocks, and subdivisions?
What's preventing you from submitting a Lot Line Adjustment?
I don't know your statutes, rules or regulations.
Here: First would be partial vacations of both lots and any easements with approval of all stake holders.
Then a description for the new parcel/minor subdivision/administrative replat whatever it's to be called as a new one lot reconfiguration, say Lot 1 xxx Minor Subdivision as the new description.
The new description would be a metes description referencing the original Lots for the county and a simple two lot description in the the city.
Different rules depending on the regulator.?ÿ
Really I don't have enough information to answer your question but I can't see how this could work without first doing the vacation.?ÿ
@mightymoe Plat vacations are not a thing in any jurisdiction I work in.?ÿ Thus reiterating the need for them to follow whatever rules are pertinent to there municipality.
Certainly if there are easement involved that need to be extinguished then they would need to work through that process as well. Around here that can be done on the face of the new plat, with a few exceptions.
File a Lot Line Adjustment Plat. Are the revised areas equal to the prior areas? What the lots get called is the Tax Man's job. Descriptions; Lot 10 less 10.01 plus 45.01, Lot 45 less 45.01 plus 10.01, done!
One problem, typical filed plats have easements along lot lines, who gets to authorize the easement revisions or must they remain as is?
Paul in PA
Idaho Code 50-1317 through 1324 outline the statutory procedures to vacate platted lots. As Ron White says, I've seen me do it...
Do you know the jurisdiction this is in? Lot line adjustment plats are not a thing in many places.?ÿ
Everywhere is different, but how can the new lot be created without the vacation?
Seems like then there are three descriptions, the new lot, and the two old ones, all would be valid. If you have that situation why bother with combining the lots? Just get any easements under the new construction removed. Vacations aren't a big deal here with county/city executing the vacations at plat approval, a small fee for the title document,?ÿ but they have to get done to get the new configuration.?ÿ
@mightymoe?ÿ Its done all the time.?ÿ Lot are platted over and adjusted and combined daily without plat vacations.
I have never seen or heard of a plat vacation being done in my 30 years around here.?ÿ It's most likely an old code that is irrelevant. But, as bionicman mentions, there is a procedure for it.
In my county this would be a new subdivision plat.
The title block would look like this:
NAME OF SUBDIVISION
a Replat of Lot 10R of Subdivision A (Reception #__) and Lot 45R of Subdivision B (Reception #__),
Section, Township, Range, Meridian, City and/or County, State
The lots could be 1 and 2 or some reference to the original numbers. The additional details to be addressed would be what covenants to apply to these lots. I also assume there are two HOAs involved. This should be addressed in the plat notes as well as with the blessing of the HOAs and, of course, the Planning Department of the controlling governmental agency.?ÿ