California Surveyors Forums

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.

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

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