Remove or Not? (Long story)
So...I've been working on a re-plat for a client for over a year now. They're not waiting on me, it's just a slow process with the city and other entities. Anyway, just last week, the engineering consultant asked me to "remove" a note from a 2008 recorded plat that our firm did NOT perform.
Note: "All lots in this subdivision are restricted to usage other residential."
My initial thought was nope, not gonna do it. First off, it's not my survey to "edit". Second, it's a recorded plat. Third, the re-plat will be filed and take precedence over the 2008 plat. Fourth, this "note" seems more like a zoning issue, not a survey issue and a restriction listed on the survey which really doesn't hold any water since zoning will determine the restrictions, not the survey. Am I correct?
What are your thoughts on editing a survey done by a different firm? I don't think there's any liability with editing the 2008 plat but I still don't feel comfortable with it.
Also, this has been resolved without any editing but I would like your thoughts.
Liability lurks in every nook and cranny (do we even have these anymore?)
Tell them to contact the jurisdiction that is responsible for these types of restrictions, and ask them to remove the note.
Around here, you would need to record a plat revision to remove such a note...You would also need approval from all affected owners within the plat.
That which was done can be un-done, as along as all relevant circumstances are the same. So, if platting and zoning code don't forbid it and all owners signatory to the plat agree, you can definitely "undo" the note with your plat. After all, the 2008 plat added a condition that did not exist on previous plats--did they have the right to do that? Yes!
You therefore have the same right: You can also add a condition on your plat. Your new condition is that it invalidates the 2008 condition.
I'm not a fan of leaving vestigial conditions on plats--now is the perfect time to take care of it.
Your liability will be; when someone within the plat doesn't like you removing the note and sues you.
They can say: I was subject to this note and by God, everyone else will be too! If you are successful in removing the note, they will claim damages. Stating that they was subject to the note for all of those years and demand restitution for all of that suffering.
Yes, everyone who was affected by the original note must be signatory to the plat that removes it. If they won't sign, then you're stuck with it.