Reserve Rights on a Map?

JoeC · Post by **JoeC** » Tue Sep 30, 2008 11:07 am

This may sound silly, but I don't know......

Can the underlying fee owner reserve certain rights on a parcel map or final map? I have an owner's statement on a parcel map recorded on May of 1990 by Union Pacific R/R and they state "We offer for dedication the water rights underlying Parcels A and B. Excepting therefrom the right to drill wells."
Is this a binding statement? I've never seen an owner reserve rights on a map before this.

KellyW · Post by **KellyW** » Wed Oct 01, 2008 2:43 pm

I should say I have not seen rights like that reserved before. Of course I have seen specific rights offered in dedication before like "reserved for roadway purposes" when in a new sub streets and roads are dedicated to the county etc. but nothing like you have demonstrated. Sorry for the posts that don't really answer your question. lol

D Ryan · Post by **D Ryan** » Wed Oct 01, 2008 3:59 pm

Joe,

That doesn't read to me that they reserved anything, they just EXCEPTED out the right to drill. Which would be different than a reservation. Like someone else said, they just wanted to place a limitation on what they did offer.

Dave R