Homeowners say a 5-foot reserve belongs to them as Mobile County Commission readies proposed plat approval

The Mobile County Commission on May 11 heard an extended public comment from David and Julie Dutton, who said they hold a 5-foot reserve strip adjacent to their property at 5580 Daws Lane Extension in the Belmont Estate subdivision and asked the commission to prevent driveway access that would cross that buffer. "We are only asking that you do the right thing in honor of this 5 foot buffer," Julie Dutton told commissioners, presenting deed records and citing Instrument No. 2026025386.

Commissioners and county staff said state law constrains their options. A commissioner read from Alabama Code
11-24-2 and said the statute requires the county to approve a subdivision plat that conforms with county regulations. The commissioner told the Duttons he planned to move that day to approve the submission, adding he would provide contact information for county staff and try to help them obtain documents.

County legal staff summarized a memo and recent case law, telling the commission that Alabama precedent allows reliance on a developer's professional engineer when a plat meets regulatory requirements. Legal staff said an alternative would be for the county to commission an independent title report to resolve competing ownership claims but cautioned that doing so departs from usual county practice.

County engineering staff said the developer submitted an ALTA (American Land Title Association) survey and emphasized that the submission before the commission was a "proposed plat only," meaning nothing would be recorded that day and a final plat would return to the commission later for recording. Engineering staff described the proposed-plat stage as permitting the developer to proceed with design and permitting steps ahead of final plat approval.

The Duttons said they do not want to prevent construction on adjoining land but object to driveway crossings over what they assert is their five-foot strip and said they would seek legal counsel if the commission advanced the plat without resolving title. Legal staff and commissioners repeatedly noted that homeowners retain the ability to pursue title disputes in circuit court even if the commission advances the proposed plat.

The commission later approved agenda item 34, "approve proposed plat only of the subdivision as follows, Belmont Estate Subdivision," advancing the developer's proposal to the next phase while leaving the underlying ownership dispute unresolved.