Subdivision VS. Recombination

No a "recombination survey" isnt an original survey, you aren't creating any new boundaries. 

This isn't quite right: "There can only be one original survey that creates the boundaries of a parcel. "

It should say "There can only be one original survey that creates a boundary."

In your example you are doing an original survey of the boundary between the two new lots, but are doing a resurvey of the boundaries of the original tract. 

A recombination is simply a resurvey of two parcels with the intent of removing the common line between them. The lines are already established, we're just retracing them.

BTW - the term used around my neighborhood for this type of plat is "consolidation". 

How then would you classify an instance where two parcels, formerly of the same parent parcel, are now in same ownership and the land owner would like adjust the boundary line between them?

Actual example: father purchased 10 acres, gave daughter 2ac for a home, father passes, daughter inherits, she wishes to adjust boundary line between two parcels and sell fathers place.

How then would you classify an instance where two parcels, formerly of the same parent parcel, are now in same ownership and the land owner would like adjust the boundary line between them?

A Boundary Line Adjustment.

Same situation - a resurvey of two or more parcels is made, and then one or more of the common lines is modified. We're working with previously established lines, and we still have to retrace that original common line before we can modify it.

In NC a "Recombination" may either be a consolidation of existing lots or a reconfiguration of existing lots resulting in new lots conforming to the current regs.

Commonly referred to as a Merger in CA

The new line in a BLA can be considered an original survey where it's unattached to the senior lines. Much like a subdivision all the interior corners are original while the exterior boundary is not. 

The parent parcel created the boundaries, you are just eliminating a common lot line between the lots

The new line in a BLA can be considered an original survey where it's unattached to the senior lines. Much like a subdivision all the interior corners are original while the exterior boundary is not. 

A boundary line adjustment takes into account that two or more pieces of land exist and share the common boundary which is being adjusted. All of the lines are "senior" (at least the same status (simultaneous), or sequential conveyances) in a BLA.

The exterior boundary of a plat is of no significant distinction to the lots within, only as to adjacent land exterior to those particularly described lots.

Do you describe Lot 10 as metes and bounds including 5 acres exterior, or do you describe it as Lot 10 AND 5 acres outside the plat?

I'm not sure about everywhere else, but once a plat is set, you don't get to move the lot lines around here. You can buy Lot 10 and portion of Lot X, etc., but you're not moving the lot lines without a replat/amended plat, etc. Which is a PITA.

Posted by: @scrim

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The parent parcel created the boundaries, you are just eliminating a common lot line between the lots

Or moving it.

Posted by: @rover83

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A recombination is simply a resurvey of two parcels with the intent of removing the common line between them. The lines are already established, we're just retracing them.

You are thinking of a "retracement" survey.

A recombination survey moves or removes a common property line(s).

Actually, a survey to change or even eliminate a common line is called a Boundary Line Adjustment. The reason it's called that is because it's statutorily defined as such. And it's very important to use that definition through the process. It allows the cost to be more than a tenth less than other options since it's one of the exceptions to the subdivision statutes. 

Locations vary of course, where you are it might be differently described. 

Posted by: @mightymoe

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Locations vary of course, where you are it might be differently described. 

 

This is spot on. These things are governed by state law and local ordinance. Around here there are processes where the map makes the boundary change and others where it simply memorializes what the owners did by deed.

A partial plat amendment is the original survey of any new lines, but a retracement of those previously created and unchanged. Most lot line adjustments are simply an expression of acts by the owners in separate documents.

As usual: It depends...

And there are different methods of treating the process depending on the controlling government entity. The county only reviews the request for the Boundary Line Adjustment exception and the city forces an "Administrative Replat" process. Frankly, I dispute that either one is allowed by statute, but everyone says I'm wrong. By everyone I mean planners and commissions. However, both processes are far less expensive and time consuming than the non-exception. 

Since you're reading Brown, which seems to be where many surveyors get the idea that they can't provide recommendations concerning legal processes relating to boundary law, please remember that a plat does not convey an interest in land.  I've lost count of how many paper recombinations I've discovered.  Meaning, it's a PLS's responsibility to their client to follow up and make sure that after the recombination survey has been completed, the client is made aware that they need to record a deed conveying to themselves the newly reconfigured lot. Don't just hand your client the plat and walk away, budget a couple of hours to explain the next steps to them and appreciate how oblivious the general public is in regard to boundary law and the transfer of title.

Omigosh, yes!

Just this year I encountered the reverse situation. A developer wanted to buy back a piece that has be recorded as a "new boundary" on a recombination map but was never deeded. He was delighted when I told him it was still his.

Maybe we should all include a note on all recombs saying a recombination map not accompanied by new vesting deeds is not conveyed 

What do you think?

I've been using a note that states " A Legal Document of Recombination is Required to be recorded after Recordation of Plat" for recombination surveys for the past couple of years.  I also verbally tell the client that need to hire an attorney and get the deed work done. 

I think that's about all we can do. 

@wonderwoman9 

I have a canned statement that I copy and paste into an email that I then schedule send to the client for around 45 days after I deliver the final plat to my client.

Schedule send for emails and texts has been a godsend for me to remember everything from canceling subscriptions (did I mention I'm cheap) to birthdays.  I'm pretty sure I schedule sent myself an email for Jan 1, to in turn schedule send happy birthday texts to all my friends and family.