What is an Adjacent Right-of-way Report?
It’s a typewritten or word-processed, or electronically produced professional
report reflecting a search and examination of the Public Records for the property
that is immediately adjacent to a proposed plat.
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What is the purpose of an Adjacent Right-of-way Report?
The basic purpose of this report is to discover all of the recorded documents that granted right-of-way
and/or easements adjacent to property and to discover the types of interest in rights-of-way
(County, City, State, and private road ownership) may exist and provide access to the proposed plat.
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Why is an Adjacent Right-of-way Report needed?
To ensure that there are no gaps between the proposed plat and the legitimate public right-of-way.
Legal access between the proposed plat and a public roadway cannot trespass across private property.
The adjacent right-of-way report ensures that all of the right-of-way is accounted for and that the plat
has a legal right to access the street.
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What property must be searched in an Adjacent Right-of-way Report?
Generally, the land area for the street adjacent to and abutting the proposed plat must be searched.
A legal description for this land area usually has to be created for the title company. To assist
surveyors writing this type of legal description, we have created the diagram that is shown below.
The diagram shows the 6 most common examples of plats. The cross hatched portion of the street in
each example would be the land area that must be searched for the Adjacent Right-of-way Report.
Please NOTE: The adjacent right-of-way is defined by the perpendicular extension of the plat lines across
the entire right-of-way and immediately adjoining the extension lines (denoted by the * in the diagrams).
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Do I need to make copies of all the documents that are identified in the Adjacent Right-of-way Report?
The report should include copies of all easements and deeds, but not right-of-way
that was created by a recorded plat.
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Is there a standard format for an Adjacent Right-of-way Report that can be downloaded?
Yes. Standard formats for Title Certificates and Attorney’s Opinions of Title are available to download in
Microsoft Word format from the “Forms” section of our web site.
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When I first submit my plat at Development Management, do I need to submit an
original an Adjacent Right-of-way Report?
No. Photo copies are acceptable for the initial review. However, the original Adjacent Right-of-way Report
must be submitted to the Highway Construction and Engineering Division when the original mylar is submitted for FS 177 review.
This is required prior to submitting the Letter to Proceed at the Development Management Division.
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How far back in history does my Adjacent Right-of-way Report have to search.
The oldest recorded plats in Broward County date back to the very early 1900’s and TIIFT Reservations
may extend back to 1855. The title search should extend back to “the beginning”
which would go back to March 3, 1845 when Florida was admitted to the Union and became a State.
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Can I submit the Adjacent Right-of-way Report or any of the document copies electronically?
No. Only hard copies are acceptable currently. In the future, some of the submittal requirements may be changed
to allow for electronic copies of documents.
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Does the Adjacent Right-of-way Report have to determine (or certify) who owns fee title to the adjacent right-of-way?
No. The Adjacent Right-of-way Report only needs to identify the right-of-way documents.
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What types of documents are to be identified in an Adjacent Right-of-way Report?
- Right-of-way Deeds
- Warranty Deeds and Quit Claim Deeds to Governmental Agencies (usually conveying land as right-of-way)
- Maintenance Maps (Maintenance Maps are used by governmental agencies after they have maintained a roadway
for a certain period of time and are recorded to notify the public that it has claimed the area maintained
as public right-of-way pursuant to Florida Statutes Chapter 95.361.)
- Easements
- TIITF Reservations (TIITF stands for Trustees of the Internal Improvement Trust Fund which is an
agency of State of Florida. These are historic property rights for governmental purposes that date
back to the 1800’s. Developers usually obtain a release of the TIITF Reservations prior to development.)
The Adjacent Right-of-way Report does not have to determine the effect of TIITF documents. However, the
Adjacent Right-of-way Report must outline any and all instruments into and out of the Trustees of the Internal
Improvement Trust Fund that appear in the Public Records.
(Click here for a short history of the Trustees of
the Internal Improvement Trust Fund.)
- Recorded Releases, Quit Claim Deeds, Reservations and other conveyances
- Vacated or abandoned right-of-way
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Does the title company or title attorney need to have map or drawing that illustrates the adjacent
right-of-way area to be searched in the Adjacent Right-of-way Report?
A map is not required, but would be an excellent tool for identifying the scope of the search.
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What about unrecorded plats? Are they listed in an Adjacent Right-of-way Report?
No. Unrecorded plats are not legally sufficient for conveyance real property or creation of easements or rights-of-way.
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What are some good sources for right-of-way information?
- The Broward County Property Appraiser’s office (954-357-6830 or www.bcpa.net)
- Broward County Highway Construction and Engineering Division Section Maps (954-577-4621)
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