Any property dedicated or used for ?public park? purposes, the title of which is held by a public authority (federal, state, county, city, etc.) is impressed with a public trust character, and consequently, is either inalienable (cannot be sold or mortgaged) or subject to strict and complex legislation that regulates its operation, maintenance, change of use or disposal. In many cases, any attempt to change its use may require a public referendum or election.
Any title insurance policy issued on behalf of the public authority holding
the title to the park property must contain an appropriate exception relative to
the condition, use, or dedication of the property being insured.
Area Dedicated Or Marked As A Park By The Recorded Map Or Plat Of A Subdivision
Plats often contain dedicated or marked areas for ?park?, ?public park?, ?square?, or ?public square? purposes.
Even where the public authorities never accept the ?park? or ?square?, any lot owner in the subdivision has a private right to have the area used as platted and may obtain a court order forbidding any other use.
Title insurance of any area marked or dedicated as ?park?, ?public park?, ?square?, or ?public square?, must be subject to the following requirements:
- Written confirmation that the area has never been accepted by any public authority.
- The area has never been used for said purposes.
- Proper releases or conveyances are obtained and filed for record from all
the record owners, parties in interest and encumbrancers of every lot or piece
of land within the subdivision.