TDCAA Community
plats & deeds

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/257098965/m/369104303

October 21, 2004, 15:41
Debra Mergel
plats & deeds
The appraisal district has contacted our county engineer. Commissioners court recently approved a subdivision plat. Unfortunately, the developer had pre-sold some (3) lots. So, we had the pre-owners "sign off" on the plat.

Now, the appraisal district is finding that the deeds do NOT match the plat lots (acreage, # of lot, and/or metes and bounds).

Question is whether the county has any responsibility or authority to require the developer to make the deeds match the plat, or vice versa. Of course, this same developer is working on other subdivisions within the county.
October 21, 2004, 16:52
LV
Responsibility ? I will be happy to talk on phone
but govt immunity or quasi-judicial immunity generally applies to plat approval activities

As to authority, I suugest many of the items mentioned in the discussion on performance bonds and subdivision roads are very applicable---as to your remedies, they are the same--with the possible exception of the performance bond (although there might be something there depending on the facts)

The smartest and simplest solution for everyone, especially the developer, would be the process described in Local Govt Code for correcting "scrivener's errors" since this can probably be labelled a mistake in the platting, and is a far simpler process providing for amending the plat--assuming everyone who is now an owner in the subdivision and would need correcting of their lots will agree to the amended plat.

[This message was edited by LV on 10-22-04 at .]

[This message was edited by LV on 10-22-04 at .]