LOTS, TRACTS, PARCELS, ZONING, OWNERSHIP AND OCCUPATION

Sam Gibson Chief Surveyor City of St Paul, MN

“Competency in establishing old landmarks does not consist so much in high scientific engineering ability, as in the personal knowledge of the exact location or corners, and in many case, unprofessional citizens are better authority than even the engineers who are so fearful of disastrous legislation.” D.L. Curtis February 17, 1871

Abstract not Imaginary

´  “ I always get confused by these imaginary lines”

´  “I just want to know what I own” ´  “The County’s parcel map shows my neighbors garage is on my property”

´  “The ‘plat’ lines are wrong.”

´  “there’s a tree on the property line that needs to come down…” ´  “The County says nobody owns the land behind my house.”

´  Maybe we should just ask for an easement instead of a right of way.

All of these express an underlying confusion over the relationship of these concepts.

Is “LAND” abstract or real?

´ We are LAND Surveyors ´  “the muddy boots guys” ´ You know, technical, practical, straight forward. ´ But..

´ Before can define any of the other concepts, you have to have LAND. ´  “LAND” is an abstraction. ´ Of wealth, power, happiness, and security.

´ When we are dealing with someone’s LAND we are dealing with that personalized concept.

Ownership ´  “I have a deed.” ´ Fee (simple):

´ An estate in land without limitation as to heirs, and unrestricted as to transfer of ownership.

´  Includes the Right to: ´ Hold ´ Occupy ´ Bar others and.. ´ Dispose land

LOTS ´  In Minnesota a lot is created by a subdivision plat under MN § 505.021Subd. 4.

Boundary; lots; blocks; outlots.

´  Plat boundaries shall be designated on the plat in accordance with the underlying legal description and survey. All lots in each block shall be numbered consecutively with Arabic numerals beginning with the numeral 1. All blocks shall be numbered consecutively with Arabic numerals beginning with numeral 1. All outlots shall be labeled OUTLOT in capital letters and lettered consecutively in capital letters beginning with the letter "A." All lot, block, and outlot lines shall be drawn as a solid line. The name and adjacent boundary line of any adjoining platted lands shall be dotted on the plat.

´  The purpose of a plat is defined in MN § 505.01Subd. 2. Purpose. ´  A plat prepared and recorded in accordance with this chapter may be used to: ´  (1) indicate the dedication of easements for public ways, utility easements, and drainage

easements as necessary for orderly development; ´  (2) depict one or more parcels for the purpose of simplifying legal descriptions; or ´  (3) comply with minor subdivision procedures of a local unit of government.

What is not included as a stated purpose of a plat? ´  The creation of any private property interest. ´  The creation of the lot lines do not in themselves establish an “ownership” boundary

along those lines. Donations.

´  Plats of land may be made in accordance with the provisions of this chapter, and, when so made and recorded, every donation of a park to the public shall operate to convey the fee of all land so donated, for the uses and purposes named or intended, with the same effect, upon the donor and the donor's heirs, and in favor of the donee, as though such land were conveyed by warranty deed. Land donated for any public use in any municipality shall be held in the corporate name in trust for the purposes set forth or intended. A street, road, alley, trail, and other public way dedicated or donated on a plat shall convey an easement only. Easements dedicated or donated on a plat shall convey an easement only.

´  The only transfer of property is in the dedication of a park: ´  Ownership lines are not even created along Right of Way: MN 505.01 Sub. 1

Lots lines vs Ownership

Tracts (Torrens)

´ Tracts are created in a Registered Land Survey (RLS) under MN § 508.47 ´ The RLS does not transfer any ownership interest and therefore does

not create “property lines.” ´ Conveyance of ownership interest occurs upon the act of registration.

´ MN § 508.47 “…No voluntary instrument of conveyance purporting to convey or affect registered land, except a will, and a lease for a term not exceeding three years, shall take effect as a conveyance, or bind or affect the land, but shall operate only as a contract between the parties, and as authority to the registrar to make registration. The act of registration shall be the operative act to convey or affect the land.”

´ The creation of Certificates of Title for the tracts shown on the RLS is the “registration” which creates only the Tracts. The creation of the “property line” still awaits the registration of a conveyance in a different owner.

Certificate of Title

´  The Certificate of Title tells you that “you” own what is describe don the certificate.

´  There could be other property immediately contiguous that “you” own and identify as the same.

´  Vacated Right of Way

´  Abstract in holdings

´  Adjacent abstract property

1067 James Ave. St Paul MN

1067 James Ave. St Paul MN

1067 James Ave. St Paul MN

1067 James Ave. St Paul MN

Parcels ´  Tax Parcels are created by the County Assessor/ Auditor (or analogous Officer) for their

purpose of assessing and tracking taxable property in the County.

´  MN § 273.12

´  It shall be the duty of every assessor and board, in estimating and determining the value of lands for the purpose of taxation,

´  The Assessor does not care who owns what. They care who is paying taxes for what.

´  MN § 272.46 Subd. 2.

´  The county auditor, upon written application of any person, shall for property tax purposes only, combine legal descriptions, as defined in section272.195, of contiguous parcels to which the applicants hold title.

´  MN § 272.195

´  When a parcel of land has been coded under the county code system, as hereinbefore provided, and notice thereof has been given to the owner of such land, it shall be a legal and valid description of such land for taxation purposes, and such land shall thereafter be so described on the tax rolls of the county.

´  Subdivision ordinances consider the subdivision of “parcels” as operative”

´  MN § MN §

´  uyu

Subdivision Ordinances are part of Zoning Code. ´  City of St Paul Development Code, Sec. 69.101. - Authority.

´  “These subdivision regulations are enacted pursuant to the authority granted to the municipality by the state legislature in Minnesota Statutes, Sections 462.351 through 462.365, and shall be a part of the zoning code.”

´  462.351 through 462.365 “MUNICIPAL PLANNING” ´  MN §462.353

´  A municipality may carry on comprehensive municipal planning activities for guiding the future development and improvement of the municipality and may prepare, adopt and amend a comprehensive municipal plan and implement such plan by ordinance and other official actions in accordance with the provisions of sections 462.351 to 462.364.

´  462.362 ENFORCEMENT AND PENALTY. ´  A municipality may by ordinance provide for the enforcement of ordinances or regulations adopted under sections 462.351 to 462.364 and

provide penalties for violation thereof. A municipality may also enforce any provision of sections 462.351 to 462.364 or of any ordinance adopted thereunder by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction.

´  462.358 Sub. A ´  (a) In a municipality in which subdivision regulations are in force and have been filed or recorded as provided in this section, no conveyance of

land to which the regulations are applicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961 or to an unapproved plat made after such regulations become effective.

462.358 Subd. 4b.Restrictions on filing and recording conveyances. ́  (a) In a municipality in which subdivision regulations are in force and have been filed or recorded as provided in this section, no

conveyance of land to which the regulations are applicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961 or to an unapproved plat made after such regulations become effective.

´  (b) The foregoing provision does not apply to a conveyance if the land described:

´  (1) was a separate parcel of record April 1, 1945 or the date of adoption of subdivision regulations under Laws 1945, chapter 287, whichever is the later, or of the adoption of subdivision regulations pursuant to a home rule charter, or

´  (2) was the subject of a written agreement to convey entered into prior to such time, or

´  (3) was a separate parcel of not less than 2-1/2 acres in area and 150 feet in width on January 1, 1966, or

´  (4) was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980, or

´  (5) is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width, or

´  (6) is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width.

´  (c) In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the platting authority may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded.

´  (d) Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this subdivision shall forfeit and pay to the municipality a penalty of not less than $100 for each lot or parcel so conveyed.

´  (e) A municipality may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction.

7 corners Gateway at Cleveland Circle

$1,000,000 View (Probably a lot more)

Zoning ´  Subd. 2a.Terms of regulations.

´  The standards and requirements in the regulations may address without limitation: the size, location, grading, and improvement of lots, structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and design of sites; access to solar energy; and the protection and conservation of floodplains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features. The regulations shall require that subdivisions be consistent with the municipality's official map if one exists and its zoning ordinance, and may require consistency with other official controls and the comprehensive plan. The regulations may prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent with the comprehensive plan and the purposes of this section, particularly the preservation of agricultural lands. The regulations may prohibit, restrict or control development for the purpose of protecting and assuring access to direct sunlight for solar energy systems. The regulations may prohibit the issuance of permits or approvals for any tracts, lots, or parcels for which required subdivision approval has not been obtained.

Certificate of Title 570882

3 parcel one Certificate of Title

1 Certificate, 3 parcels, 2 Zoning Classes

Conclusion