Accepting property rights on a map subject to improvements

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Scot Shortlidge
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Joined: Mon Jan 21, 2013 6:35 am

Accepting property rights on a map subject to improvements

Post by Scot Shortlidge »

When do property rights transfer for those dedications made and accepted on a map subject to improvements? When the map records? Or after the improvements are accepted? If after improvements are accepted, would the agency's resolution be recognized as the vesting document?
Warren Smith
Posts: 997
Joined: Thu Apr 13, 2006 6:41 am
Location: Sonora

Re: Accepting property rights on a map subject to improvements

Post by Warren Smith »

It occurs when the Certificate of Completion of improvements is recorded.
This would be consistent with the Subdivision Agreement (recorded) for bonding of the deferred improvements.
Warren D. Smith, LS 4842
County Surveyor
Tuolumne County
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Ian Wilson
Posts: 1087
Joined: Sat Aug 03, 2002 6:58 am
Location: Bay Area

Re: Accepting property rights on a map subject to improvements

Post by Ian Wilson »

It might be a bit messy if the property rights are accepted but the improvements are not. For example, dedicating a future road that hasn't been built yet. As the county, we're not accepting the road until it's been built properly and accepted.

In this case, the property RIGHTS are transferred upon recording of the map. The rights to the road (or other infrastructure item) and the responsibility to maintain it only transfer when the acceptance has been signed by the Public Work Director (or County Engineer) and the acceptance is recorded.

Slight nuance, but significant when dealing with who manages the infrastructure. The Subdivision Agreement can alter this, if there is one.
Ian Wilson, P.L.S. (CA / NV / CO)
Alameda County Surveyor
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