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The Real Estate Attorney’s Guide to Platting Chapter 5 1 THE REAL ESTATE ATTORNEY’Sdevelopment code), which provides detailed platting GUIDE TO PLATTING Platting property is part of the development process. Although platting is a familiar term, even experienced lawyers, consultants and government officials frequently misunderstand its meaning.
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Platting property is part of the development process. Although platting is a familiar term, even experienced lawyers, consultants and government officials frequently misunderstand its meaning. The problem lies in the origin of subdivision platting law. Subdivision platting law is based in public law, whereas most lawyers spend their time primarily dealing with contract law. Subdivision platting law affects real estate, but its origins come from governmental law concepts premised on the right of the government to protect the health, safety and public welfare of the public (known as the “police power”). To further confuse the issue, subdivision platting law is significantly different from zoning law, another public law area affecting real estate. When considering a zoning change a city has broad discretion over the change; however, the rights of the city in the area of subdivision platting are significantly limited when reviewing a subdivision plat. The Zoning and Planning Commission appointees often confuse the broad discretion in zoning with the narrow ministerial authority available in platting.
Legitimate partition of property among co-tenants should not be a subdivision since it is a reallocation of existing property interests to give each owner a different share of the property already owned. See Hamilton v. Hamilton, 280 S.W.2d 588, 590 (Tex. 1955), Op. Tex.
Development plats are a type of plat, but the most basic. They are, essentially, a site plan review. They are no longer used in Houston to subdivide property, and therefore are not typically recorded. Approval is administrative, without planning commission involvement, except for variances or special exceptions. No preliminary plat required. Design and engineering standards are less stringent, even allowing an existing survey to be used. See HOUSTON, TX. CODE § 42-26. A development plat is required in Houston for new construction or enlargement of existing structures by over 100 sq. ft., except on the CBD, 8 or a single family unit on a duly platted lot, or a parking lot or retaining wall. HOUSTON, TX. CODE § 42-22. A building permit will not be issued where a development plat is required and has not been approved. HOUSTON, TX. CODE § 42-4.
manufactured home rental community with residential leases for less than 60 months is not a subdivision under Chapter 232. There is no comparable provision for Chapter 212. Therefore, an appropriately drafted city subdivision regulation may require platting for a manufactured home rental community.
The description must begin with one of the following: (1) a known point (a monument such as a street, a man-made monument or marker, or a natural object such as ^a stone wall); (2) a certain course and distance . WHAT EVERY ATTORNEY NEEDS TO KNOW ABOUT SURVEY MAPS PAGE 13 OF 42 . from a monument.
A north arrow (with north to the top of the drawing when practicable), a legend of symbols and abbreviations, and a vicinity map showing the property in reference to nearby highway(s) or major street intersection(s). ii. Supplementary or detail diagrams when necessary.