Platting

Question 1

The owner of a tract of land located outside the limits of a municipality must have a plat of the subdivision prepared if the owner divides the tract into two or more parts to lay out ?

Answer 1

(1) a subdivision of the tract, including an addition;
(2) lots; or
(3) streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts.

Question 2

To be recorded, the plat must ?

Answer 2

(1) describe the subdivision by metes and bounds;
(2) locate the subdivision with respect to an original corner of the original survey of which it is a part; and
(3) state the dimensions of the subdivision and of each lot, street, alley, square, park, or other part of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, alley, square, park, or other part.

Question 3

where must a plat be recorded ?

Answer 3

The plat must be filed and recorded with the county clerk of the county in which the tract is located

Question 4

exceptions to platting statute (outside of a municipality) ?

Answer 4

• no streets, public improvements, etc AND all parts are transferred to persons who owned an undivided interest in the original tract and plat is filed before any further development
• no streets, public improvements, etc AND four or fewer lots and each goes to relative (third degree of consanguinity or affinity)
• no streets, public improvements, etc AND is to be used for agriculture/farm/ranch/wildlife management
• no streets, public improvements, etc AND one part retained by owner and other part goes to person who will further subdivide subject to platting
• ALL LOTS over 10 acres
• Owner is state or state agency
• owner is political subdivision and land is in floodplain and goes to adjoining owners

Question 5

outside of municipality, approved plat with no lots sold expires:

Answer 5

Jan 1st of 51st year after approval

Question 6

how long does the commissioners of a county have to act on a plat (outside of a municipality) ?

Answer 6

60 days, can be extended by mutual consent

Question 7

Amending plat requirements (outside of a municipality) ?

Answer 7

(1) to correct an error in a course or distance shown on the preceding plat;
(2) to add a course or distance that was omitted on the preceding plat;
(3) to correct an error in a real property description shown on the preceding plat;
(4) to show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;
(5) to correct any other type of scrivener or clerical error or omission of the previously approved plat, including lot numbers, acreage, street names, and identification of adjacent recorded plats; or
(6) to correct an error in courses and distances of lot lines between two adjacent lots if:

(A) both lot owners join in the application for amending the plat;

(B) neither lot is abolished;

(C) the amendment does not attempt to remove recorded covenants or restrictions; and

(D) the amendment does not have a material adverse effect on the property rights of the other owners of the property that is the subject of the plat.