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Accepting property rights on a map subject to improvements

Posted: Thu Jun 27, 2024 10:03 am
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?

Re: Accepting property rights on a map subject to improvements

Posted: Thu Jun 27, 2024 10:31 am
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.

Re: Accepting property rights on a map subject to improvements

Posted: Thu Jun 27, 2024 11:52 am
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.