Possible Merger?

[LA Stevens]

1. April of 1962 property owners A grants to the State of California a piece of property for the purposes of a freeway.
2. February 1968 the excess property is deeded back to the adjoining grantors A.
3. In 1978 a A grants to B all of their 409 acres.
4. In August of 1979 B subdivides the property in to 4 parcels of 3 - 99 acres parcels and a 110 acre parcel by quitclaim deeds to different entities. The agency waived the requirement for a parcel map.
5.
The 110 acre parcel includes the excess parcel that was obtained from the State of California. Did the approval of the tentative map, waiver of the parcel map and division by deed merge the underlying parcels of the 110 acre site or could the owner of the 110 acre site process a lot line adjustment between the excess parcel and the other part of his property?


TIA for any comments.

Larry

[Ian Wilson]

Yes. References later.

Not at home.

Go ride your horse.

[LA Stevens]

Ian,

Thanks for responding. Yes to which portion of the question?
I'm looking forward to your references.

Thanks again,
Larry

[Steve Martin]

How do you keep a surveyor in suspense?

[Ian Wilson]

Steve: Tell them to set the corners on a round lot...

Larry:

The Parcel Map Waiver is only a waiver of having to file a map. It is not a waiver of the other requirements of the SMA for review of subdivisions. [§66248(b)] The subdivider still has to file a Notice of Waiver of Parcel Map, which usually carries the descriptions of the parcels created.

The local jurisdiction has a procedure in place to allow the subdivision of land while waiving the requirement to file an actual Parcel Map. The local agency is still required to establish a finding that the proposed division of land complies with the requirements as to are, improvement and design, etc.

Once the subdivision document is recorded, the parcel are deemed to have been created. [§66412.7]

The subdivision of property created by the Waived Parcel Map are no less subdivided than they would be under a full Parcel Map. If this were not so, then the subdivider could not sell, lease or finance any of the parcels created under the Waiver, and then, what would the purpose of the Waiver be?

[David Kendall]

Once the subdivision document is recorded, the parcel are deemed to have been created. [§66412.7]

The subdivision of property created by the Waived Parcel Map are no less subdivided than they would be under a full Parcel Map. If this were not so, then the subdivider could not sell, lease or finance any of the parcels created under the Waiver, and then, what would the purpose of the Waiver be?

i.e. The underlying parcels were merged and it is likely that you will not be permitted to perform a lot line adjustment on the pre-existing parcels

[Ian Wilson]

Thanks, David. Nice clarification.

[mpallamary]

Merger is exclusive under the SMA. Unless the merger provisions of the SMA are invoked, there is no merger. You cannot merge by deed.

[William Magee]

Merger is exclusive under the SMA. Unless the merger provisions of the SMA are invoked, there is no merger. You cannot merge by deed.

That's what George Robson thought leading up to "Brown V Tehama" Turns out he was wrong.

The subdivider appears to have intended to create 4 lots out of however many parent parcels originated the division. I doubt a competent judge would agree the sliver slipped through the cracks of that agency approved redivision of lands.

[mpallamary]

Clarification.
GOVERNMENT CODE
SUBDIVISION MAP ACT

66451.10.

(a) Notwithstanding Section 66424, except as is otherwise provided for in this article, two or more contiguous parcels or units of land which have been created under the provisions of this division, or any prior law regulating the division of land, or a local ordinance enacted pursuant thereto, or which were not subject to those provisions at the time of their creation, shall not be deemed merged by virtue of the fact that the contiguous parcels or units are held by the same owner, and no further proceeding under the provisions of this division or a local ordinance enacted pursuant thereto shall be required for the purpose of sale, lease, or financing of the contiguous parcels or units, or any of them.

(b) This article shall provide the sole and exclusive authority for local agency initiated merger of contiguous parcels. On and after January 1, 1984, parcels may be merged by local agencies only in accordance with the authority and procedures prescribed by this article. This exclusive authority does not, however, abrogate or limit the authority of a local agency or a subdivider with respect to the following procedures within this division:

(1) Lot line adjustments.
(2) Amendment or correction of a final or parcel map.
(3) Reversions to acreage.
(4) Exclusions.
(5) Tentative, parcel, or final maps which create fewer parcels.

CIVIL CODE

1093. Absent the express written statement of the grantor contained therein, the consolidation of separate and distinct legal descriptions of real property contained in one or more deeds, mortgages, patents, deeds of trust, contracts of sale, or other instruments of conveyance or security documents, into a subsequent single deed, mortgage, patent, deed of trust, contract of sale, or other instrument of conveyance or security document (whether by means of an individual listing of the legal descriptions in a subsequent single instrument of conveyance or security document, or by means of a consolidated legal description comprised of more than one previously separate and distinct legal description), does not operate in any manner to alter or affect the separate and distinct nature of the real property so described in the subsequent single instrument of conveyance or security document containing either the listing of or the consolidated legal description of the parcels so conveyed or secured thereby.

This section does not constitute a change in, but is declaratory of, the existing law.

[Ian Wilson]

Michael:

The Parcel Map Waiver is a voluntary action by the land owner, not an involuntary merger of parcels by an agency without the expressed, written consent of the owner.

Usually, the Parcel Map Waiver is accompanied by a Certificate of Compliance that is recorded for the parcels created by the PMW.

Larry's question involved a situation after the waiver, by a successor in title to the original subdivider.

Case search did not bring up any cases based on Parcel Map Waivers. However, and experience preparing Parcel Map Waivers would lend one to believe that, since the hoops to be jumped through in applying for and seeking approval for the PMW are as exacting as the process to jump through for a full PM, the applicant/owner/subdivider is performing a voluntary act. The only difference I saw with the PMW I processed was that a survey map was not produced by the process. An 8-1/2" x 11" plat was prepared and recorded as part of the process and Certificate of Compliance, though.

[mpallamary]

Thanks Ian. I did not study it closely and will need to do. I was moving fast when I responded. I run into a lot of merger questions and it always seems to get confusing! Thanks for clarifying.

[Ian Wilson]

No worries, Michael.

The Subdivision Map Act has always held a fascination for me. Contrary to popular belief, I do not sleep with it under my pillow…it’s on the nightstand by the side of my bed. ☺

The whole subdivision and land planning process, with all its intricacies and convolutions is a wonderful thing that, for the most part, hits the mark pretty well. It’s a lovely tool when you begin to understand it.

[David Kendall]

Case search did not bring up any cases based on Parcel Map Waivers.

Thank you for the explanation Ian. I am very interested in more education on the Parcel Map Waiver process. I feel that it is under-utilized and could be of great value to the general public if applied properly. Has anybody out there attempted it more than once or twice? Any other formal references will be appreciated!!

(I am saving up for a copy of the "SUBDIVISION MAP ACT MANUAL" suggested by Phil in the 'Voluntary Lot Merger' thread)

[dedkad]

Case search did not bring up any cases based on Parcel Map Waivers.

Thank you for the explanation Ian. I am very interested in more education on the Parcel Map Waiver process. I feel that it is under-utilized and could be of great value to the general public if applied properly. Has anybody out there attempted it more than once or twice? Any other formal references will be appreciated!!

(I am saving up for a copy of the "SUBDIVISION MAP ACT MANUAL" suggested by Phil in the 'Voluntary Lot Merger' thread)

We've done a few in our City, but when all is said and done, I only see them as beneficial if you have a single lot condo project that already has monuments marking the corners. If easements or monuments are needed, it's just easier to file a one lot parcel or tract map for condo purposes and offer those easements and show the monuments on the map. Otherwise you need separate easement offers, corner records/Record of Surveys, etc. As Ian said, the process for a waiver is just as cumbersome as a parcel/tract map. If you've gone that far, why not do the public record a favor and memorialize the results. You'll even have a better legal description when you're done (Lot A of Tract X, rather than metes and bounds).

[Warren Smith]

We get parcel map waivers when the parcels exceed 40 nominal acres - or quarter-quarter sections. They are usually for financing agricultural operations. The biggest cost savings for the landowner is the avoidance of paying the upcoming year's tax estimate, which would be the case when filing a parcel map. Other than that, the conditions are written as if it were to be mapped. For instance, a change in land use to non-ag purposes would trigger the construction of roadways built to County standards. A subdivision agreement is usually involved (with cost estimates), and a notice of minor subdivision restrictions recorded concurrently.

[subman]

A local ordinance needs to specify under what circumstances a PM can be waived. In LA County:

21.48.130 - Eligibility for waiver—Property located in certain zones.  

The following minor land divisions shall be eligible for waiver of the requirement that a parcel map be filed, provided such divisions are located in Zones R-1, R-A, A-1, A-2 or D-2 and a request for waiver, as provided for in this chapter, is approved by the advisory agency:

Those in which each resultant parcel has a gross area of 10 acres or more or is a quarter-quarter-quarter section of a governmental plat or larger;

Those in which each resultant parcel has a gross area of two and one-quarter acres or more or is a quarter-quarter-quarter-quarter section of a governmental plat or larger, and is not located in sloping terrain, as defined by Section 21.08.160 of this Title 21.

(Ord. 10965 § 28, 1974: Ord. 9404 § 14 (part), 1967: Ord. 4478 Art. 12 § 320, 1945.)


21.48.140 - Eligibility for waiver—Certain uses or conditions of property.   

The following minor land divisions shall be eligible for waiver of the requirement that a parcel map be filed:

Those in which each resultant parcel is a part of one or more lots shown on a final map, parcel map or approved record of survey map, and the area of each resultant parcel is more than 20 percent of the total area of the lot or lots of which it is a part, except where the tentative map of any such division, the conditions of approval thereof or the requirements of the Subdivision Map Act or of this Title 21 provide for or require the delineation of flood or geological hazard, or building restrictions;

Property line adjustments, or the distribution of all of an existing parcel(s) between adjacent parcels;

Those of a lease-project, except where the tentative map of any such division, the conditions of approval thereof or the requirements of the Subdivision Map Act or of this title provide for or require the delineation of flood or geological hazards, or building restrictions;

Those in which each resultant parcel has a gross area of two and one-quarter acres or more or is a quarter-quarter-quarter-quarter section of a government plat or larger, unless the conditions of approval of the tentative map require dedications or offers of dedication to be made by certificate on the final parcel map.

For the purpose of this section, the term "approved record of survey maps" refers to record of survey maps which were approved by the board of supervisors and filed for record pursuant to various provisions of the Subdivision Map Act prior to the effective date of Chapter 1180, Statutes 1965.