Accepting property rights on a map subject to improvements
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Scot Shortlidge
- Posts: 2
- Joined: Mon Jan 21, 2013 6:35 am
Accepting property rights on a map subject to improvements
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?
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Warren Smith
- Posts: 997
- Joined: Thu Apr 13, 2006 6:41 am
- Location: Sonora
Re: Accepting property rights on a map subject to improvements
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.
This would be consistent with the Subdivision Agreement (recorded) for bonding of the deferred improvements.
Warren D. Smith, LS 4842
County Surveyor
Tuolumne County
County Surveyor
Tuolumne County
- 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
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.
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
Alameda County Surveyor