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Archives October 8, 2024

Plats in Title: A Comprehensive Guide

When dealing with real estate, “plat” frequently arises in conversations around property boundaries, land division, and title documentation. A plat, often called a plat map, is a critical document in real estate, helping define the legal boundaries of land and shaping the legal aspects of property titles. This article will explore what a plat in title means, its use, and its significance to property owners, developers, and prospective buyers.

What is a Plat?

A plat map shows land division into lots, typically for real estate development or sale. This detailed diagram provides the following:

  • Visual representation and geographic layout of a parcel of land.
  • Clearly defining its boundaries, streets, and easements.
  • Other essential features.

Plats are usually recorded with local or county authorities. They are part of public records, making them an official source for identifying land divisions.

In legal terms, a plat records subdivisions of a large parcel of land into smaller lots. Developers often create these subdivisions when transforming raw land into a residential neighborhood or commercial area. Once recorded, the plat map becomes an essential reference document for property owners, surveyors, real estate agents, and title companies.

How Does a Plat Affect Title?

A plat directly impacts a property’s title because it serves as the legal description of the land. When land is sold, mortgaged, or transferred, the plat accurately depicts the property, and its details are reflected in the title. Here’s how plants relate to the title and its implications for various stakeholders:

Defining Property Boundaries

A plat is the most authoritative document for defining property boundaries. The map outlines precise lot lines, showing the dimensions and locations of individual parcels of land. Knowing the exact boundaries of a property is crucial for anyone involved in real estate transactions—whether buyers, sellers, or lenders — to determine the correct legal description of the land.

Avoiding Boundary Disputes

Boundary disputes are among the most common issues between property owners. They can arise when property lines are unclear, or neighboring owners have different understandings of where one property ends and another begins. A recorded plat map helps mitigate such conflicts by providing a clear, legally recognized delineation of the property boundaries.

Easements and Rights-of-Way

A plat not only defines boundaries but also includes details about easements, rights-of-way, and other land use restrictions. Easements are rights that allow others to use a portion of the property for specific purposes, such as utility lines or access roads. When examining a property’s title, the plat helps ensure that any existing easements or rights-of-way are accounted for. Failing to recognize easements can lead to legal challenges, especially when new developments or renovations conflict with these rights.

Zoning and Land Use Compliance

Local governments and municipalities use plats to enforce zoning and land use regulations. Plats help determine how land can be developed, ensuring that property subdivisions comply with local zoning laws and building codes. For instance, a plat will indicate the location of public streets, green spaces, or utility infrastructure, which can affect a property’s development potential. Property buyers or developers must consider the plat’s details to ensure compliance with local regulations.

Title Insurance Considerations

Title insurance is critical to real estate transactions, protecting buyers and lenders from property title defects. A title insurance company will often examine the plat during the title search process to ensure that the property boundaries are accurate and that no discrepancies exist between the title and the actual land. In cases where the plat reveals issues such as encroachments, gaps in property lines, or unrecognized easements, these issues will need to be resolved before the title can be transferred or insured.

Lot Sizes and Future Development

The plat is an essential planning tool for developers or individuals looking to subdivide land. The map outlines the size of individual lots, ensuring that the subdivision complies with local regulations regarding minimum lot sizes, street access, and other development criteria. Suppose a property owner intends to subdivide their land further. In that case, they must work with a surveyor and local authorities to create a new plat, which must then be approved and recorded.

The Process of Creating a Plat

Creating a plat involves several steps and requires the input of various professionals, including surveyors, engineers, and local government officials. Here’s a simplified overview of how plats are created and recorded:

  1. Land Surveying: The process begins with a professional land surveyor who measures and maps the land. Using specialized tools and equipment, the surveyor determines the property boundaries, identifies topographic features, and marks any existing structures or easements.
  2. Drafting the Plat Map: Once the land survey is completed, the surveyor drafts the plat map. This map includes detailed information about the property’s size, shape, boundaries, and existing or planned subdivisions. It also highlights features like roads, public spaces, and utility easements.
  3. Local Government Approval: Before the plat can be officially recorded, it must be submitted to the local planning or zoning commission for approval. This ensures the proposed subdivision complies with zoning regulations, building codes, and infrastructure plans.
  4. Recording the Plat: Once local authorities approve, the plat is recorded with the appropriate county or municipal office. The recorded plat becomes a permanent public record and is referenced in future transactions involving the property.

Importance of Reviewing the Plat

Reviewing the plat associated with the property title before purchasing the property or engaging in any development activities is essential. Doing so provides several benefits:

  • Ensuring Accuracy: Reviewing the plat ensures that the legal description of the property in the title matches the actual land. If discrepancies exist, they can be resolved before the transaction is finalized.
  • Identifying Easements and Restrictions: The plat provides valuable information about any existing easements, public rights-of-way, or land-use restrictions that may affect how you can use or develop the property.
  • Understanding Future Obligations: Some plats include covenants or restrictions that outline future obligations for property owners, such as maintaining a shared road or adhering to specific architectural standards in a subdivision.

Conclusion

A plat is a critical document in real estate, serving as the official map that defines property boundaries, easements, and other vital features. Whether you are a property owner, buyer, or developer, understanding the plat associated with your property title is essential for avoiding legal disputes, ensuring compliance with local regulations, and safeguarding your property rights. By reviewing and understanding the plat, you can confidently engage in real estate transactions and development activities, knowing that your property boundaries and title are accurately represented.

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Affiliated Business Arrangement Disclosure Statement
This is to give you notice that Sonic Loans Inc., Sonic Title Agency LLC, and Sonic Realty LLC have a business relationship. The nature of the relationship between the Referring Party and the provider(s), including percentage of ownership interest, if applicable, is: Sonic Loans Inc., Sonic Title Agency LLC, and Sonic Realty LLC are all 100% owned by the same party. Because of this relationship, this referral may provide any of the above parties with financial or other benefit.
A. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s) as a condition for settlement of your loan on, or purchase, sale, or refinance of, the subject property.
THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
Provider and Settlement Service Charge or Range of Charges
Sonic Realty LLC 1%-6% of purchase price
Sonic Title Agency, LLC Title Insurance Policy: $950 - $1706 on a $250,000 property. (Rates vary and are dependent on the state, selling price, and loan amount on the property.)
Title Search Fee: $250 - $325 (where applicable)
Closing Fee: $450 - $650
Sonic Loans Inc.

This company provides various real estate mortgage loan origination activities either as a third-party originator or a mortgage broker, including loan pre-qualification, competitive bid process (when providing third-party origination services), loan origination, loan pre-approval, loan structuring, processing, and closing.

Loan Origination Charge: 0-3 % of loan amount (may include 3rd party fees)
Loan Discount Fee/points: 0.5%-6% of loan amount.
Application/Processing Fee: $0.00 - $875.00
Flood and tax service: $0.00 - $95.00
Underwriting Fee: $0.00 - $1295.00
Document Review Fee: $0.00 - $400.00
Appraisal Fee: $0.00 - $850.00
Credit Report Fee: $0.00 - $135.00

Actual charges may vary according to the particular lender selected, the particular services provided, and the underlying transaction, borrower selections, etc. Some or all of these fees may be charged by third parties and/or the Member Mortgage Lender/Mortgage Broker. The Member Lenders and Mortgage Brokers have agreed to pay a fee ranging from 0.5% to 2.75% of the loan amount to Sonic Loans in connection with a range of loan origination services provided by Sonic Loans to the Member Lender/Mortgage Broker. The fees are paid either directly to Sonic Loans by the Member Lender/Mortgage Broker or billed directly to you at closing.
B. Set forth below is the estimated charge or range of charges for the settlement services of an attorney, credit reportingagency, or real estate appraiser that we, as your lender, will require you to use, as a condition of your loan on this property, to represent our interests in the transaction.
Sonic Loans Inc. provides mortgage lender/broker services. Sonic Realty LLC provides real estate brokerage services. Sonic Title Agency LLC provides title insurance and settlement services.

Provider and Settlement Service Charge or Range of Charges
Appraisal Fee $0-$800
Credit Report Fee $63-$125
 Actual charges may vary depending on the lender and loan program selected which can be found on your loan estimate.

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I/we have read this disclosure form and understand that Sonic Loans Inc., Sonic Realty, LLC, or Sonic Title Agency LLC are referring me/us to purchase the above-described settlement service(s) and may receive a financial or other benefit as the result of this referral.