Profile picture for Homer J Sampsoid

What if PUE dedicated and pvt easement was condition of map approval/recordation?

What if there was a Public Utility Easement dedicated on the final parcel map and private easements conditioned on the final parcel map notes as:

 

1. "PRIVATE UTILITY AND ROAD EASEMENTS FOR ACCESS TO PARCELS 1, 2 & 3 ARE TO BE PROVIDED WITH THE SALE OF SAID PARCELS"

 

2. "A PRIVATE ROAD MAINTENANCE AGREEMENT IS TO BE CONCURRENTLY ENTERED INTO UPON THE PURCHASE OF EACH PARCEL"

 

The title companies involved in prior sales, as did mine (currently in escrow) missed the notes and neither have been done for any of the 3 parcels.

Are the owners required to dedicate given the requirement of the parcel map after the fact?

Thanks!

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August 07 2010 - Sacramento
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Answers (3)

I agree with Mr Callas and have a few additions:


This is pretty standard language in a small parcel split.  The other buyers are likely aware of the easements and road maintenance agreement, even though it is not dedicated.  Utilities are likely already in the easements, and the access is likely being used as intended.

Many title companies, small developers, etc. have come and gone since 2001.  It is not surprising that these are not completed properly.  Having done a few of these, each year the process gets more complex, increasing the cost of small projects.

Its been my experience, that once the map is recorded, easements are a done deal.
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August 08 2010
Profile picture for Homer J Sampsoid
Thanks Mr. Callas,

We are actually still in Escrow and have not released our contingency on our offer.

I agree, the title company should not have missed this, but the scary part is it appears every title company that provided title insurance since first sold in 2001 has missed it on all three parcels! To add insult to injury when I first called them on it they sent the grant deed of the original purchases as "proof" of the easement in error. They only conceded there was no dedications after I discussed with the chief title officer.
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August 07 2010

Address this issue directly with the title company and get them to correct it.
I am betting you signed an agreement at closing that stated you would return and correct in errors made at closing. It is a one sided agreement, but if push comes to shove it would need to work both ways to be valid.

Try the easy approach first, then contact a board certified real estate attorney to get it done.

Title companies should not be missing something like what you have stated.

Good Luck!

James Callas - Realtor®
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August 07 2010
 
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