Wednesday, April 1, 2015

Utilities With out Easements in a Recorded Subdivision...

Here in the hinterlands we don't get much subdivision work.  However when we do it is like christmas.  I am in the process of taking large green belt tracts in a subdivision and amending the exiting lots to encompass the area.  It has been eye opening to see the number of reviews and meeting requested by the municipality about this.  You would think with all the scrutiny that is being laid upon this type of activity little things like making sure the original developer proved easements for sanitary and storm sewer systems that seem to randomly go from here to there with total disregard for the lot layout.  Or vice versa.

So here is the situation:
1.  drainage study shows an active drainage system running through lots to an impound area.
2.  utility plan shows sanitary sewer lines cutting through lots to shorten pipe lengths
3.  drainage study and utility plan approved by town.
4.  final plat is signed and dedications of utilities and roads are accepted by town.
5.  NO ASBUILTS EXIST of utility or sewer systems
6.  I am currently asbuilting what I can find.
7.  developer #2 buys subdivision and is re-modelling it and amending it again.

At some point I know these systems have to be accounted for.  However what I don't know is if My client developer #2 has recourse via a title claim.  Since the dedications makes the systems a matter of record.  However the dedication also states "as shown hereon".  Stay tuned..........

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