Legal Lots per RS

[Dan May]

I am looking for the state B & P code section number that was approved used between 1937 and 1949 to create new legal lots via a new Record of Survey.
Please email me at danmayls@gmail.com

Dan May, PLS 4652

[Warren Smith]

I would be surprised if this was the case - although the short duration you indicate may mean it was amended as superfluous. By that, I mean grant deeds could create new parcels, and records of survey merely monumented the new corners.
The B&P code regulates professional conduct, while the Government Code regulates local agencies' review and approval of subdivisions. Since 1972 (and in some Counties, earlier), a parcel map has been required.

[Ian Wilson]

Hey, Dan!

I don't believe you will find one.

Every case I have experience with created a map and the deeds referred to the map in the description. "Lot 4 as shown on Record of Survey..."

The deed created the lot, even though it used the map to fully described the lot. The RS was almost an exhibit to the deed.

[Ric7308]

Dan May! Wow that's a name from the past. I believe you'd find this (if at all) in Government Code or local ordinances, not Business and Professions Code. I recall one time during research into old codes seeing a section on Record of Surveys which were not the Record of Survey mentioned in the PLS Act, but I cannot recall exactly where that was.

[Danielle Goshert]

I found the attached document in my Certificate of Compliance archive files - it is a memorandum from Ventura County Counsel's office dated December 28, 1981, titled "Creation of Lots by Record of Survey".

The analysis that is included provides interesting details and references regarding the evolution of both the SMA and PLSA. On Page 9 they specifically address the inclusion of 'Record of Survey' within the 1937 SMA.

Here in Napa County, a local ordinance was enacted in 1955 that allowed the use of a Record of Survey for subdivision purposes, but it must be confirmed that the appropriate approvals were obtained (typically by review of Planning Commission meeting minutes) as the information on the face of the map of ROS of this vintage is often lacking. Interestingly, the memo notes this: "The maps which are section 11535 records of survey, however labeled, probably will be indistinguishable on their face from ordinary records of survey."..."Such maps will have been approved by the county with respect to lot design, which approval may have to be proved by extrinsic evidence".

Best of luck with your research!

[Ric7308]

I believe this is what I had previously seen. Thank you for sharing this Danielle!