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Front lot line on the outside radius of a cul-de-sac
Front lot line on the outside radius of a cul-de-sac
It seems like there is no question where your front line is. The only question is whether a regulation. if one existed similar to what other jurisdictions do, would measure that line by arc length or chord length.
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Not being an attorney,
1) Since you are asking for a legal stance on the matter, it seems it would be more appropriate to seek out the advice of an attorney and barring an answer seek out another attorney with more development or real estate expertise.
1a.) Your attorney should be able to very quickly look for associated terms in Black’s Law Dictionary and find that “frontage” has two definitions:
a. Linear distance of property along street, highway, river, or lake. Because someone will get hung up on the idea of linear, it is also defined as
b. Extent of front along road or street. This is the typical application of frontage of a lot in a subdivision with each line or arc segment running with a road (and a cul-de-sac is a part of the road) adding up to be the ‘extent of the front’. In the same manner as the 10′ easement shown on the original plat, a building setback (if applicable) would run with the same arc.
1b.) Your attorney should be able to explain to you the plain meaning rule. While it generally applies to statute language, it is applied in other areas as well. Basically language that is not specifically defined, is taken to mean the typical ordinary or technical meaning. I think the responses you received should demonstrate the usual technical meaning.
2) You’ve mentioned there is no local subdivision regulation. Not being familiar with the state laws in your area, are there any state laws that would come into effect regarding the subdivision process in general statewide?
the good news is; it’s a “public” Right-of-Way! You are are just as much public as anyone else. You can do anything you want and anyone else can too.
Someone could park their RV there and you can’t do a damn thing about it. They do it all the time in Seattle; I don’t see why they can’t do it in Tejas…
I hope everyone has a great day; I know I will!
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