19.10 B. Subdivision Maps

• Jurisdiction: New York

B. Subdivision Maps

Another type of map that secures the status of an official map is that which results when an owner or agent subdivides real property into lots, plots, blocks or sites—with or without streets—for the purpose of offering the lots for sale to the public. These maps are made by licensed land surveyors whose certificates attached thereto show the dates of completion of the survey and of the making of the map and the name of the subdivision.

The maps are filed with the recording officer of the county where the property is located before any of the lots shown thereon may be offered for sale. Duplicate copies are filed in the office of the clerk of the city, town or village where the property is situated. If the county maintains a tax map department, a copy must also be filed there before any sale takes place. A failure to file subjects the owner to a penalty payable to the state for each tax lot sold prior to filing.³³⁶⁴

Two caveats should be kept in mind when considering streets shown on filed subdivision maps:

1. the subdivider owner may endorse thereon that no offer of dedication of any streets shown on the map is made by the filing; and

2. the streets shown remain private until dedicated or ceded and accepted by the appropriate municipal body or until they are condemned for public use. ³³⁶⁵

An incident of ownership of a lot shown on a filed subdivision map is that the grantee has the right to use the land designated on the map as a street as an appurtenant easement of access whether or not that is specifically stated in the deed to him.³³⁶⁶ This implied easement extends only to the next cross-street shown on the map on each side of the lot and thence over all other streets thereon necessary to give access to the public highway.³³⁶⁷

Furthermore, the fact that the street has not been physically laid out or improved but remains a “paper street” does not deprive the lot owner of the easement.³³⁶⁸ One who acquires title to lots abutting a street on a subdivision map by a conveyance that makes no reference to such street becomes the owner in fee of one-half thereof, unless the street title is expressly reserved.³³⁶⁹ However, an adjoining lot owner who tries to claim their adverse possession has extinguished the implied easement in the mapped street faces the difficult task of overcoming the implied intention that the streets be forever subject to street easements in favor of all the lot owners of the map.³³⁷⁰ An adjoining owner may...