I'm surveying a large tract, a part of which is a platted subdivision. However, the roads were never built, nor officially dedicated, and my client owns all the lots on both sides of the road from one end of the road to the other. Can I just absorb the roads into his other property, or does there need to be some action by the county first?
State statutes should help here. In California, this is covered in the Streets & Highways Code. If the offer of dedication was not made, the roads depicted are considered private access easements. If they were offered, but not accepted or improved, the same result occurs, but then it would take action by the local legislative body to vacate the potential public interest, provided a finding of non-necessity is made.
Tommy, I'm sure it varies by state, but I would think that unless the subdivision was dedicated and the roads accepted by the City/County that it does not exist, legally. I could draw up a subdivision on your property but that does not change title.
Andy
Tommy Young, post: 423015, member: 703 wrote: I'm surveying a large tract, a part of which is a platted subdivision. However, the roads were never built, nor officially dedicated, and my client owns all the lots on both sides of the road from one end of the road to the other. Can I just absorb the roads into his other property, or does there need to be some action by the county first?
Platted, infers a record Filed Map. How did the client acquire the property, by a description of the whole or by descriptions of parts? The face of the Filed Map should include requirements of the subdivider to be completed in order to "Perfect" the subdivision. State Statutes and/or the Municipal Subdivision Laws could include times frames required to be met that if not met would void the subdivision. That is pretty much a requirement that you have to do the searching, because the US encompasses way too many jurisdictions with subdivision authority.
I am working on a opposite survey, client has acquired he entirety of a subdivision with roads constructed and underground utilities installed. He intends to put one house on it. I cannot track down that a map was ever filed. In PA you have the choice of bonding required improvements or building same before filing the map. I also got a call to set monuments before applying for Final Subdivision approval on a minor with no physical improvements required. They could have instead been bonded but the client is anxious to convey the lots without complications.
BTW, just because a Map is Filed, it may not have all the signatures required to actually make it a subdivision, it may just be a well detailed Map of Survey.
Paul in PA
