There is ongoing concern over the fact that a city is creating easements, streets and such over property that they own in fee. How does this differ substantially from private individuals creating subdivision plats? By creating utility easements, for example, that will benefit certain lots that the owner(s) intends to retain, while also benefiting other adjoining lots, they are effectively creating an easement to themselves. Once they sell the lot everything is copacetic.
Plats don't usually "create easements", do they? Doesn't creation of an easement shown on a plat require words of dedication and acceptance on the plat, or require a separate document that either reserves or grants the easement?
Easements are generally granted to the public, not the City. That allows non-government entities to use them too. It also creates a record of where the utilities are located. Back in the day - they just put them in. 30 years later no one knows where they are. It is good record keeping. My take...
A Plat Is An Offer Of Dedication
Acceptance, construction and/or otherwise use is required.
Paul in PA
A Plat Is An Offer Of Dedication
Paul,
Technically you are correct but, at least in the jurisdictions I am familiar with, the offer remains on the table until the easement or ROW is officially vacated.
I dedicated myself last Saturday off. I also accepted last Saturday off. It worked for me, surely it can work for a muni. 🙂
A subdivision plat is an offer of dedication. As Paul in PA has stated, there has to be an acceptance. In Texas, just because a plat has been approved by the municipal Plan Commission and is filed of record with the County Clerk DOES NOT constitute an acceptance of the offer.
In a nutshell, there has to be an actual improvement made upon the easement, or maintenance of the paving/drainage/utility, etc. or use by the public, or a combination thereof depending upon the circumstances.
Yeah, the plats around here where I work typically have dedication and acceptance statements on them for easements. And the easements are only "to the public for public use" or "to the city/county for (whatever use)". Then the acceptance statement the City/County will "accept on behalf of the public for public use" or "accept/conditionally accept/reject" dedications.
Also, the offer of dedication is assumed to remain indefinitely until such time that the City/County vacates the offer at the request of the encumbered parcel owner.
I've also done the Irrevocable Offer of Dedication where the land owner cannot initiate the request to vacate the offer of dedication.
I have not ever done a plat where any private easements have been created. If there is a need for one, for example a parcel map that creates a parcel that would need an access easement over another parcel, I typically will place a note that reads something like: "Proposed private access easement over Parcel X for the benefit of Parcel Y, not created by this map". That way, when Parcel X or Y transfers ownership the title company will hopefully incorporate the appropriate verbiage in the deed to create an appurtenance.