Chapter 4 - § 4.2 • SUBDIVISIONS IN COLORADO: SHORT HISTORY, PURPOSES, AND LEGAL CONTEXT

• Jurisdiction: Colorado

§ 4.2 • SUBDIVISIONS IN COLORADO: SHORT HISTORY, PURPOSES, AND LEGAL CONTEXT

§ 4.2.1—Short History of the Subdivision Plat

A subdivision plat is a map showing how a given parcel of property is to be divided into lots, blocks (or sometimes plots), and tracts, and identifying streets, easements, and other lands intended to be dedicated to common ownership or public ownership and use. The subdivision plat concept was initially developed to achieve two principal goals: (1) to avoid the need to repeat the cumbersome "metes and bounds" legal description of a parcel of land each time it is sold; and (2) to ensure that each parcel of land sold for development has sufficient size, shape, utilities, and access to function for its intended purpose.

Fairly quickly, the subdivision plat also evolved into a vehicle for dedicating land or easements for public use, including streets, trails, alleys, drainage facilities, and parks. On the face of most plats is a statement of dedication signed and acknowledged by the owner and holders of interests in the land and a statement of acceptance by the local government. This document is recorded and becomes the basis for conveying property described by lots and blocks or tracts. Among other things, subdivision regulations establish the minimum standards for the format, content, and design of plats.

§ 4.2.2—Purposes

There are four principal public interests that are served by the subdivision process:

First, the ultimate result of the process, the recorded subdivision plat, simplifies land transactions and title chains by allowing for the conveyance of land with reference to the recorded plat (e.g., "Lot 1, Block 5, Sunny Acres Subdivision . . .), instead of a traditional metes and bounds (e.g., "commencing at the East Quarter corner, thence N85°35'25"W a distance of 353.33 feet . . .") or aliquot parts description (e.g., "the W½ of the SE¼ of the NW¼, Section 6 . . ."). Conveying land with reference to a recorded plat reduces the risk of erroneous legal descriptions in the chain of title.

Second, the subdivision process helps to ensure that each lot that is offered for sale is appropriately sized and shaped for its intended use, and has appropriate access to the public street network.

Third, the subdivision process helps to ensure that the lots that are offered for sale are arranged in a way that makes adequate provision for the infrastructure and utilities that are needed to service them (e.g., street and alley rights-of-way...