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Development and subdivision of real estate property may occur while its title is under dispute from another party. If a suit is resolved in favor of a plaintiff , this renders uncertain the circumstances that allowed the said development to occur, and may result in the resources invested going to waste.
A foreclosure guarantee is a type of report (e.g. trustees sale guarantee, judicial foreclosure guarantee and litigation guarantee) that is used mainly for foreclosing an encumbrance (or a lien) in a certain property. The title searcher will perform a full coverage search to the property in default and a search for the addresses of the lien ...
Attached to this definition was the following footnote: for the purpose of sale or of building development: Every division of a piece of land into two or more lots, parcels or parts is, of course, a subdivision. The intention is to cover all subdivision of land where the immediate or ultimate purpose is that of selling the lots or building on them.
The Guarantee provides a description of the relevant judicial district and city as well as may designate a particularly qualified newspaper (Stewart Title Guaranty Company 2009). The foreclosing beneficiary may want or wish to use the information of the title that is found in the Guarantee to assist in the making of financial decisions that are ...
Technically, subdivision describes the legal and physical steps a developer must take to convert raw land into developed land. Subdivision is a vital part of a community's growth, determining its appearance, the mix of its land uses , and its infrastructure, including roads , drainage systems, water , sewerage , and public utilities .
A subdivision survey is conducted to divide the original tract into smaller lots and a plat map is created. Usually this subdivision survey employs a metes and bounds system to delineate individual lots within the main tract. Each lot on the plat map is assigned an identifier, usually a number or letter.
The record title system differs significantly from land registration systems, such as the Torrens system, that have been adopted in a few states. The principal difference is that the recording system does not determine who owns the title or interest involved, which is ultimately established through litigation in the courts.
A plat of subdivision or plan of subdivision appears when a landowner or municipality divides land into smaller parcels. If a landowner owns an acre of land, for instance, and wants to divide it into three pieces, a surveyor would have to take precise measurements of the land and submit the survey to the governing body, which would then have to ...