Plats – without planning commission

A deed and a plat are two legal instruments that relate to each other. Therefore, it can be argued that many of the requirements for a deed are also requirements for a plat. Refer to OAG 83-237 “… A deed is a present grant of an interest in real estate. 26 C.J.S., Deeds, § 1, pp. 581-582. The court said in Terrill v. Kentucky Block Cannel Coal Co., 290 KY. 35, 160 S.W.2d 326 (1942), that if the effect of an instrument, regardless of what it is called, is to sever the estate and to vest title to a certain part of it in another, it is a deed. A deed to be valid must pass some present interest vesting in the grantee upon delivery thereof. Spicer v. Spicer, 314 KY. 560, 236 S.W.2d 474 (1951). Of course, a deed, to be valid, must contain a description of the property to be conveyed. The test as to sufficiency of description in a deed is whether the land can actually be located therefrom. Casteel v. Pennington, 228 KY. 206, 14 S.W.2d 753 (1929).

The statutes provide the following document requirements for a plat:

  • The plat cannot exceed 24 inches x 36 inches in size (KRS 100.283)
  • The plat requires the surveyor’s certification, signed and dated and his seal. (KRS 322.400)

The statures do not give additional specific requirements for plats, however the fact that a survey or plat describes the land, it is presumed that the survey or plat must have:

  • The owner’s signed certification; signature must be notarized
  • Source of title

The purpose of a plat or survey is to provide a map of the property. Land Survey is defined in KRS 322.010. Part of the definition includes:

  • Determination or establishment of the facts of size, shape, topography, and acreage;
  • Subdivision, division and consolidation of lands;
  • Preparation of physical written description for use in legal instruments of conveyance or real property and property rights:
  • Preparation of subdivision record plats

Indexing information: Plats are indexed under their name. Plats are placed in either plat books or cabinets in most cases. The first party is the owner. The second party is the plat name.

Debbie Jones
Boyd County Clerk

Boyd County Courthouse
2800 Louisa St.
Catlettsburg, Ky. 41129

Phone: (606) 739-5116
Fax:
Email: [email protected]

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