Hello! Long time creeper...first time poster 🤣
Long story short, homeowner selling his house – legal gets kicked. Recorder says it needs a new boundary and legal description.
Property is a simple rectangle, being the rear portion of two sublots with half the vacated alley along the west.
Piece of cake. Draw it all up and submit to the tax map office for preapproval. Reviewer at the tax map office says nope…we need a replat instead. In his words, the replat is because the vacated alley is becoming part of the lots, effectively changing their dimensions from the original plat. -I don't share this viewpoint-
I ask if that’s standard practice and maybe I was just unaware of this requirement... Nope...they have been requiring resurveys for vacated alleys/streets, but the replat is a new direction they're taking and will include it in the next revision of our conveyance standards.
Thoughts? How do y’all politely handle these encounters?
Any legal/title thoughts about the “new direction” they’re taking?
What State? Kind of depends on locality I would think. Interesting that the recorder/tax mapper would have a say in land title? The plat is done and matter of record and the public has withdrawn their interest in the alley r/w via a vacation process. Typically the vacated area attaches as a matter of law. (whatever than means). Good luck, Jp
State matters but I have never seen a jurisdiction use a replat statute to require changes of legal vacation enuring to the subsequent adjacent lots. And honestly, I don't think they should be asking for new legal and boundary that would be a reformation of the current legal title held.
Isn't a vacation an ordinance that attaches that land to the property? I mean, if there is an act of the controlling legislative body...what more could you need?
Typically, when public rights of way are created simultaneously with the lots on a subdivision map, when right of way is vacated, the underlying fee title lots become unencumbered by the right of the public to travel. Interior lots "expand" to the centerline, and exterior lots would "expand" to the subdivision boundary.
Building setbacks move, property tax is assessed on the strip - which can now be utilized by the lot owner.