Point of Beginning

Poll - Your definition of "Remainder"?

August 25, 2008

Posted By brian portwood on 8/25/2008 at 1:43 AM

Does your state have a clear legal definition of the term "remainder", with respect to subdivision law?

By "legal" I mean, not just your own personal idea or impression of the meaning, but a statutory definition or a definition from case law, that you could rely on to support your identification of a parcel of land shown on your plat as being a "remainder" parcel.

If you are thinking this is a trivial question, there is at least one surveyor, whose client was chastised and disgraced on the highest stage, as a direct result of the surveyors failure to understand the meaning of this word and its importance, who has very good reason to deeply regret that lack of knowledge now.

So if you do not know the correct definition that is specifically applicable in your state, or if there simply isnt one, and you sometimes use this seemingly innocent word on your plats, you will definitely want to take notice of this incident.

But first:

How many have ever used the term "remainder" to identify any land on a plat, or seen other surveyors use it?

Who can point to a legal definition showing that the use of the term was within either the letter of the law or the spirit of the law?

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