sec 35.3 Endorsement Upon Deeds of Lot Split Approval (Minor Subdivisions) by Zoning and Land Use Regulating Body

Note: The title examiner may not rely upon the abstract to determine the necessity for lot split approval. The title examiner should determine whether the land is within a planning area and, if so, the effective date of the plan.

(A) Within cities having a population over 200,000 and which have adopted a master plan as authorized by 11 O.S. § 47-101 et seq ., any deed recorded after the adoption of such plan, which

(1) conveys a tract of less than one entire platted lot, or

(2) conveys an unplatted tract described by federal survey or metes and bounds, consisting of five acres or less

does not create marketable title unless

(a) the deed bears a certificate of approval for lot split purposes by the cognizant planning agency, or

(b) the legal description contained in the deed was previously approved by the cognizant planning agency and endorsed upon the first deed of record creating such lot split, or upon a certified copy thereof, or

(c) the legal description contained in the deed was the subject of a prior deed, which prior deed was filed for record before the date of the annexation of the tract by such city, or

(d) the legal description contained in the deed was the subject of a prior deed which has been of record for at least five years, or

(e) the deed has been of record for at least five years, or

(f) the legal description contained in the deed constitutes a "remainder tract" consisting of the balance of (i) a platted lot, or (ii) an unplatted tract previously held under common ownership with the original severed portion of such unplatted tract as hereinafter described, and

(i) a deed appearing of record describing the original severed portion of such lot or tract either

(a) bears a certificate of approval for lot split purposes by the cognizant planning agency or

(b) has been of record for at least five years or

(ii) the original severed portion of such lot or tract was taken or created in fee by dedication, conveyance or condemnation as a public way, or for any other public use or public purpose.

Authority: 11 O.S. § 47-101 et seq ., see § 47-116; 16 O.S. § 27a.

Comment: Subparagraph f(2) must be disregarded if the examiner has reason to believe a dedication or conveyance as a public way has not been accepted by the grantee.

(B) Within a county having within its boundaries more than fifty percent of the incorporated area of a city having a population of 180,000 or more, where such city and county have adopted a master plan as authorized by 19 O.S. § 863.1 et seq ., any deed which

(1) conveys a tract of less than one entire platted lot, or

(2) conveys an unplatted tract described by federal survey or metes and bounds, consisting of five acres or less, or

(3) on or after November 1, 2006, conveys an unplatted tract, regardless of the size of such tract, which conveyance results in a "remainder tract" of five acres or less,

shall not be considered valid unless

(a) the deed bears a certificate of approval for lot split purposes by the cognizant planning agency, or

(b) the legal description contained in the deed was previously approved by the cognizant planning agency and endorsed upon the first deed of record creating such lot split, or upon a certified copy thereof, or

(c) the legal description contained in the deed was the subject of a prior deed, which prior deed was filed for record before June 10, 1963, or

(d) the tract is situated within a municipality in such county which had not adopted a master plan at the time the first deed creating the lot split was filed for record, or

(e) the deed has been of record for at least five years,or

(f) the legal description contained in the deed constitutes a "remainder tract" consisting of the balance of (i) a platted lot, or (ii) an unplatted trace previously held under common ownership with the original severed portion of such unplatted tract as hereinafter described, and

(i) a deed appearing of record describing the original severed portion of such lot or tract either

(a) bears a certificate of approval for lot split purposes by the cognizant planning agency or

(b) has been of record for at least five years or

(ii) the original severed portion of such lot or tract was taken or created in fee by dedication, conveyance or condemnation as a public way, or for any other public use or public purpose.

Authority: 19 O.S. § 863.1 et seq ., see § 863.10; 16 O.S. § 27a.

Comment: Subparagraph f(2) must be disregarded if the examiner has reason to believe a dedication or conveyance as a public way has not been accepted by the grantee.

CAVEAT: A deed of land within the city limits of the City of Tulsa or within the unincorporated area of Tulsa County, which divides the land into two or more tracts, all of which are greater than five (5) acres, requires that an application be made to the head of the Land Development Services Division of the Indian Nations Council of Governments (INCOG) for exemption from lot split and subdivision requirements. Such exemption shall be endorsed on the face of the deed. This exemption is required regardless of whether the land being divided is unplatted or comprises less than a full platted lot. The failure to obtain the exemption will not affect the marketability of the title.

Authority: Section 10-130 Tulsa Metropolitan Area Subdivision and Development Regulations.

(C) ENDORSEMENT UPON DEEDS OF LOT SPLIT APPROVAL (MINOR SUBDIVISIONS) BY ZONING AND LAND USE REGULATING BODY

Within a county in which there is no city or incorporated town having a population more than 200,000 and in which a city or incorporated town and the county have adopted a comprehensive plan as authorized by 19 O.S. § 866.1 et seq ., any deed of a tract within the jurisdictional territory of the cognizant planning agency, recorded after the adoption of such city-county plan, which deed:

(1) conveys a tract of less than one entire platted lot, or

(2) conveys an unplatted tract described by federal survey or metes and bounds, consisting of ten acres or less,

shall not be considered valid unless filed for record before January 1, 1963, or unless

(a) the deed bears a certificate of approval for lot split purposes by the cognizant planning agency, or

(b) the legal description contained in the deed was previously approved by the cognizant planning agency and endorsed upon the first deed of record creating such lot split, or upon a certified copy thereof, or

(c) the legal description contained in the deed was the subject of a prior deed, which prior deed was filed for record before the date of the adoption of such comprehensive plan, or

(d) the tract is situated within a municipality in such county which had not adopted a comprehensive plan at the time the first deed creating the lot split was filed for record, or

(e) the tract consists of more than two and one-half acres, such county is adjacent to a county which has adopted a master plan as authorized by 19 O.S. § 863.1 et seq ., and the cognizant planning agency has adopted its order or rule implementing the 1968 amendment to 19 O.S. § 866.13, providing for lot split approval of conveyances of tracts of two and one-half acres or less, if the deed was filed before April 8, 1992, or

(f) the deed has been of record for at least five years,or

(g) the legal description contained in the deed constitutes a "remainder tract" consisting of the balance of (i) a platted lot, or (ii) an unplatted tract previously held under common ownership with the original severed portion of such unplatted tract as hereinafter described, and

(i) a deed appearing of record describing the original severed portion of such lot or tract either

(a) bears a certificate of approval for lot split purposes by the cognizant planning agency or

(b) has been of record for at least five years or

(i) the original severed portion of such lot or tract was taken or created in fee by dedication, conveyance or condemnation as a public way, or ofr any other public use or public purpose.

Authority: 19 O.S. § 866.1 et seq ., see § 866.13; 16 O.S. § 27a.

Comment: Subparagraph g(2) must be disregarded if the examiner has reason to believe a dedication or conveyance as a public way has not been accepted by the grantee.

Caveat: Since the "ten acre" rule of 19 O.S. § 866.13 can be modified, the examiner should determine whether an order had been made on or after April 23, 1968, effecting such modification.