Explain the role of “subdivider’s intention” when it comes to determining the status of a
road marked on an historic plan of subdivision. What are some clues that would lead to the
conclusion that a road is or is not established?
The role of "subdivider's intention" in determining the status of a road marked on an historic plan of subdivision is to analyze the original intention of the person or entity responsible for creating the subdivision. This intention helps in understanding whether the road was intended to be established as a legal public road or remain as a private road within the subdivision.
Clues that would lead to the conclusion that a road is established include:
1. Accurate and detailed depiction: If the road is clearly and accurately depicted on the historic plan, including its dimensions, boundaries, and access points, it indicates an intention to establish it as a public road.
2. Integration with the subdivision: When the road is interconnected with other public roads or streets, leading to the logical conclusion that it was intended for public use and access.
3. Public amenities: If the plan of subdivision shows the presence of public amenities typically associated with established roads, such as sidewalks, curbs, streetlights, or other public infrastructure, it suggests an intention for public use.
4. Naming conventions: Sometimes, roads marked with specific names that are traditionally used for public roads (e.g., Main Street, Maple Avenue) indicate that they were intended for public use.
On the other hand, clues that would lead to the conclusion that a road is not established as a public road include:
1. Lack of detail or ambiguity: If the road is poorly depicted on the historic plan, lacks clear dimensions or boundaries, or is marked vaguely, it suggests that it may not have been intended for public use.
2. Limited access points: If the road only has limited access points, such as one entrance or a gate restricting entry, it is an indicator that it was intended for private use and not as a public road.
3. No integration with the surrounding roads: If the road does not connect or integrate with other public roads or streets outside the subdivision, it may indicate a private road rather than a public one.
4. Lack of public amenities: If the historic plan does not indicate the presence of public amenities typically associated with established roads, it suggests that the road was not intended for public access.
It is important to note that the determination of the status of a road marked on a historic plan of subdivision often involves legal interpretation, historical research, and examination of official records to ascertain the true intention of the subdivider.