California Surveyors Forums

Developer asked whether easements that fell under Section 66436 (a)(3)(B) should still be shown on the map.

The signature omission notes list the easement holders and refer to "..long disuse, or laches.." as required.

The easement is now shown on the map with the same note. Nobody is hiding anything.

As a checker I said leave it on the map, but would defer to the title company issuing the Subdivision Guarantee because they have to cover it.

I got an email back that THE FIRE DEPARTMENT doesn't want it shown on the map!!!

Have I been missing something all these years?

Yes you have Dave. And its' that interesting wrinkle that I for one, have always wondered about. :)

And besides, who better to determine what type of easements should be shown on a map than the people who run the Fire Departments. Sounds reasonable :) :) {those two icons mean laugh twice as hard}

Especially when they are easements for "pole lines and conduits" and "sewers and gas mains".

More govt people that haven't got a clue.

It appears to me that 66436 (a)(3)(B) only refers to the signature of the easement holder not being required to be shown on the final map. I get this from reading subsection (3) of the law and sub-subsection (B) which only describes the type of easement or lack of ability to obtain the signature.
I think this is further emphasized by Section 66434 (g) which requires any easement, to be left in effect, shall be delineated on the map. Failure to show the easement may cause confusion of abandonment or at least a whole bunch of additional unnecessary research as to intent of not showing it.
66436
(a) A statement, signed and acknowledged by all parties having any record title interest in the subdivided real property, consenting to the preparation and recordation of the final map is required, except in the following circumstances:
(3) Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map:
(B) Rights-of-way, easements, or reversions, which by reason of changed conditions, long disuse, or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map.