Required Deed action after Parcel Map recording

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Rich Fultz
Posts: 2
Joined: Thu Oct 24, 2024 1:07 pm

Required Deed action after Parcel Map recording

Post by Rich Fultz »

I have encountered a situation where a Parcel Map was recorded in 2007.
The map included about 20 existing parcels and resulted in 8 new parcels.
There were 8 different owners who signed the map.
7 private owners and 1 a local Sanitary Sewer District.
The 20 existing parcels were owned by the multiple owners separately.
The map was essentially a merger.
The intention was to create new parcels that were consistent with the various ownership prior to the map.
So why did a group of neighboring property owners come together to process a map with these intentions?
Apparently, the local Planning Manager encouraged this idea to clean up "Complicate Title".
The question I have is, should they have recorded new deeds after the Parcel Map to identify which owner(s) own which parcel(s)?
Or is there an argument that all the owners now jointly own all the parcels?
Your thoughts?

Rich Fultz
Warren Smith
Posts: 987
Joined: Thu Apr 13, 2006 6:41 am
Location: Sonora

Re: Required Deed action after Parcel Map recording

Post by Warren Smith »

Yes, the exchange of a number of deeds to vest title in the individual owners (per some pre-existing agreement) would need to take place. Otherwise, yes, as a matter of title, all signatories to the parcel map would have an undivided interest.

Typically, these deeds would have been prepared in advance and held in escrow - pending the Parcel Map Book and Page to be filled in - identifying the newly created parcels for execution and recordation.
Warren D. Smith, LS 4842
County Surveyor
Tuolumne County
Rich Fultz
Posts: 2
Joined: Thu Oct 24, 2024 1:07 pm

Re: Required Deed action after Parcel Map recording

Post by Rich Fultz »

Thank you for the validation, Warren.
My recommendation was to have all the owners that signed the map deed to parcel(s) to whichever owner(s) they intended to back in 2007.
Specifically, I am interested in the parcel we are negotiating to purchase.
Scott
Posts: 243
Joined: Mon Oct 11, 2004 11:52 am
Location: Modesto, CA

Re: Required Deed action after Parcel Map recording

Post by Scott »

That has been my understanding, too.
The map put all parcels into a big pot with all owners having an undivided interest in the pot.
Scott DeLaMare
LS 8078
RAM
Posts: 761
Joined: Thu Mar 31, 2005 8:16 am
Location: Central Cal Mountains

Re: Required Deed action after Parcel Map recording

Post by RAM »

Parcel map is likely due to the limit of LLA that can be done. (4). So i see the Parcel Map as a large LLA. Minor point is it should have been a Final Map, as there are more than 4 parcels.

They should have followed the action with individual grant deeds to separate their ownership.
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