COSAC clarifies title-report needs for trails easements; legal review recommended

Cache Open Space Advisory Committee - 01-06-25 · January 8, 2025

Summary

COSAC members and staff agreed a basic title-letter (abstract) should suffice for trails easement applications but asked staff to confirm language and have the county attorney weigh in; full title review can be deferred to appraisal/closing.

At its Jan. 6 meeting, Cache County's Open Space Advisory Committee (COSAC) discussed whether trails easement applications should submit a full title report or whether a basic letter/abstract showing liens and easements is sufficient for initial review.

Lance, speaking for trails staff, explained that a base title-letter report generally shows recorded interests (liens, easements) and is commonly used for preliminary application checks. "We do a just a base title, a letter report...just shows any interest in the properties like liens or easements," Lance said when asked to clarify the requirement. Committee members agreed that asking for a full title report at the time of application could be costly and that a preliminary letter report could be acceptable with the condition that a full title review occurs later in the appraisal and closing stages.

Why it matters: Requiring a full title report at application could create upfront costs for applicants (cities or the county) and slow submissions. Staff and committee members favored a proportionate approach that preserves due diligence but reduces barriers for initial trails submissions.

Committee direction: COSAC asked staff to (1) reflect the distinction in application materials—letter report for initial submission vs. full title report for appraisal/closing—and (2) confirm the recommended approach with the county attorney to ensure compliance and clear application instructions.

Next steps: Staff will adjust application guidance to permit a letter/abstract for trails easement applications where appropriate and will consult the county attorney to confirm that the application form and scoring checklist are consistent with due-diligence expectations.

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