Hey guys! It's been a while since my last post but I thought this one was worth discussing.
I have a platted piece of property here in Texas that fronts a state highway. There was a 30-foot building line along the frontage according to the plat of record. The state just bought a strip 27 feet in width along the frontage. The zoning report shows there is a required setback of 25 feet. Does the 30-foot building line move??ÿ
FWIW, the building is well beyond the setback regardless of the outcome.
I'd check first the city/county ordinances if there's any mention of these cases. If 25 feet is the rule I believe it's 25 ft from the newly acquired ROW. 25 ft seems to be pretty low for a state highway frontage, though.
If the building line (setback line?) is per plat only I think that it does not. The setback line per zoning does. Whether the state acquired fee title or just an easement may have a bearing.?ÿ
NO.
@surv3251 per zoning it'd most likely be 25' from the contemporaneous right-of-way line, but by plat the line is fixed in its location relative to the right-of-way shown on the recorded plat.?ÿ WELL... unless it wasn't shown graphically and instead was noted as something along the lines of "building shall be located no closer than twenty-five feet from any street right-of-way line at the time of construction" or whatever.?ÿ in other words- it would need to explicitly say the line moves if the r.o.w. line moves.?ÿ otherwise it's fixed on the location BECAUSE it is tied to the right-of-way as indicated on the plat at the time of recording.?ÿ which is a weird way of saying it doesn't matter if the right-of-way line moves, the setback is NOT dependent upon any changes in right-of-way.
also, there's the issue of existing vs. new construction- there isn't a jurisdiction or a title company i've ever run across who'd flag an existing structure built to setbacks and/or CCRs that have subsequently changed.?ÿ now, if the owner wants to go adding on or tearing down, then that's a whole different ballgame.
@surv3251
also, setbacks per plat and/or CCR are an entirely different issue than zoning setbacks.?ÿ city isn't in the job- nor do they want to be in the job- of enforcing setback provisions enumerated by and between private parties.?ÿ now plat setbacks may be informed and/or dictated by municipal ordinance, but no city is going to go in and enforce a violation of a PLATTED setback.?ÿ (if it's coincident to a zoning setback they'll enforce the zoning setback.)
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and what part of the state are you in??ÿ 25 feet is a huge setback for a lot of TxDOT frontage in these parts.
Set backs are usually city building codes. If it's an existing building it's grandfather in, if it's new construction it has to be 25' back from the new R/W limit.
