Legal Lot Determination San Diego

[Ben Lund]

The attached shows how San Diego County determines the legality of a parcel. One way to show that parcel is legal is if:

"A parcel described in a Grant Deed or other bonafide conveyance document recorded prior to February 1, 1972. The deed/document does not have to be in the name of the present owner. However, it must describe the perimeter boundaries of the subject property and no other contiguous property. (See Paragraph C below.) The legal description and County Recorder’s information (date and recording number) must be legible to County staff. The Deed need not be an original nor a certified copy."

In my situation, a 1964 deed shows two separate and stand-alone legal descriptions but they do share a line. In which case the attached says that I need to record a certificate of compliance.

"C. A Certificate of Compliance must be requested and obtained for...4. Any determination involving more than a routine staff review and decision."

Seems like the County could always require a Certificate of Compliance based on this criteria. Does this sound right?

Section 66412.6 of the SMA is clear:
(a) For purposes of this division or of a local ordinance enacted pursuant thereto, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if the parcel resulted from a division of land in which fewer than five parcels were created and if at the time of the creation of the parcel, there was no local ordinance in effect which regulated divisions of land creating fewer than five parcels.

Ben

[E_Page]

In your situation, the descriptions appear perhaps as Parcel 1 and Parcel 2, but are on the same deed being the subject of a single conveyance, making them, legally one parcel, regardless of how they are described within the conveyance. What you need to do is find a deed or deeds that show one or each of the parcels having been conveyed separately from any other parcels of land.

[Ben Lund]

Thanks Evan!