Hello all. South Texas city wants me to replat but they have an internal administrative process to vacate an easement.
The dillemma is that I have 2 lots, and an access easement that gives the back parcel legal access. I plan on proposing to record a metes & bounds easement going through my site plan / parking lot since the original access easement does not work for my development.
Does anyone have any other ideas besides a ful blown replat? Do you think this would work? Maybe an Amending Plat?
Thank you in advance!
I don't know Texas rules since I don't work there, but there seems to be a legal principle called the merger doctrine:
Merger Doctrine
In the context of real estate law, a common law doctrine that extinguishes certain interests or rights when they become vested in the same person or entity. The lesser estate is merged into the greater estate.
For example, the merger doctrine generally applies to:
Deeds. Delivery of a deed to real property extinguishes any terms of the purchase and sale agreement that are not:
included in the deed; or stated to survive delivery of the deed.
Easements. An easement automatically terminates when the dominant and servient estates come under common ownership, because the need for the easement no longer exists.
Leases. A lease may terminate if the same person or entity acquires both the leasehold and fee simple interest.
Mortgages. A mortgage may terminate if a borrower acquires the lender's interest or the lender acquires the mortgaged property (for example, by accepting a deed-in-lieu of foreclosure).
Exceptions can apply based on the intent of the parties, specific language in the transaction documents, or equitable legal principles.
You may want to look into this if you're concerned about the existing easement.
As far as the platting options for that city I don't know, but I think cities prefer combining lots so you don't put a building on the property line which could cause a headache later on.