LLA-PM-Cert of Compliance?

[rpost]

I ran in to a situation that I do not have much experience in and would appreciate some input.

My client wants to buy a parcel of land in Commerce, LA. It has its own APN and from the outside it looks like a normal piece of land that can be easily bought or sold. However, when I started doing the research for the ALTA I realized that the legal on the PTR encompassed tree adjoining parcels. The title officer ran a search back to the 20's and could not find a record of the parcel my client is interested in ever being sold separately. He could not even track down a legal description.

Naturally my client wants to know the easiest/cheapest/quickest way to purchase this parcel. I am still doing research to see if there was ever a building permit issued for this parcel since the building is substantially different than the surrounding development. Maybe a Certificate of Compliance? The assessor's plat has dimensions, so I have to believe that there is a description somewhere?

The City is not well versed in this situation and is looking to me for guidance. I want to make sure the information I give them is correct. What should I do?

[T. S. Higgins]

The first step I'd take is contacting the Assessor's office and finding out where the Assessor's Parcel came from. They should have kept the dead files over the years that shows where the parcel originated, including references to any documents that affect that APN, that the title company may not have found if they're taking the (all too common) method of an internet-only search. For best results on your end, you should take the title report and go down to the assessor's office in person, being prepared to go through the microfilm and the physical map books.

It might turn out that the chicken came before the egg, however. There are situations where a particular APN has been created not because there is a seperate legal lot in that area, but because that's where the TRA has fallen or a landowner decided to go ahead and build a house there and wanted that section of the parcel to be taxed seperately and put through an Assessor's Parcel Split Request.

If you can't turn up any information that the Title Company has missed, then I'd go ahead and get your local planning department to run you through the steps to getting a Certificate of Compliance.

[BoundaryMan]

Please post the Legal Description along with the Assessor's Map. I may be able to help. I ran into that situation many times & is working one one too.

[E_Page]

It is also possible that the parcel lines on the APN were created solely by the Assessor's office for tax reasons. Perhaps those lines represent changes in zoning or are shown for some convenience of the Assessor's mapping.

Basically, if the (whole) parcel was never subdivided (in compliance with SMA or not) or sold as separate pieces, then it is one parcel and the apparent parcel your client is interested in has never been a separate parcel by any title estimation. If that's the case, a Certificate of Compliance won't work because it isn't an issue of an existent parcel not created legally, it's a matter of the parcel having never been created at all. There is nothing to bring into compliance. A PM may be the only possible solution.

If you find a different solution that works, let us know.

[rpost]

I think I have attached the legal. This is the first time I have tried to upload anything.

6170 Telegraph Rd.
Commerce, CA
APN: 6336-008-013

[BoundaryMan]

Tax parcels 11, 12 & 13 are all under one ownership. The broken line between tax parcels 11, 12 & 13 may be a lease line for property tax assessment purposes. Tax parcel 13 is not a legal parcel. To legalize said parcel, you need to file a Tentative Parcel Map & record a Parcel Map, if only if said piece of land meets all local subdivision ordinances. This will not qualify for LLA nor C of C. Good luck.

[rpost]

But...You say the broken line may be a lease line, but you seem very certain that it is not a legal parcel. Can you explain your rational? I do not disagree with your conclusion of what needs to happen if it is not a legal parcel. I am just wondering how you came to the conclusion that it is not legal.

[BoundaryMan]

Any piece of land to be considered as legal parcel will needs to contain at least a legal description. Tract 7185 was created in the 20’s. Since the vesting deed legal description references said tract, I would think said property was created after Feb 1927. If your title company has searched its chain of title and could not find any legal description related to tax parcel 13, chances are that tax parcel 13 was never legally created.