No.
SMA §66499.35 discusses "legitimizing" (Oh, I've gone over to the dark side - adding "ize" to an noun to make a verb...) a parcel via a permit to develop. A tax sale will not create a legitimate parcel.
I would highly suggest filing for a Certificate of Compliance to solve the problem.
Interstingly, I've just been retained to deal with one of these that was also sold at a tax sale in 1978!
Can a Tax Sale "Create" Parcel?
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Ian Wilson
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dmi
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Ian Wilson
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Whoa!, CMOS!
Now we've got a different situation. If the parcel is what is left of a large parcel after bits were conveyed off PRIOR to March 4, 1972, unless there is a local subdivision ordiance which pre-dates the states SMA, the parcel IS a legally created parcel. Your comments about tax sale were a dodge from the facts. You will NOT need a Cof C in this case.
Example: The original parcel was a 1000' x1000' parcel created in the late '40's. The east half got sold off in the early '50's. The north half of the west half got sold off in thelate '50's. The south half of the south half of the west half got sold off in the early '60's. The easterly 400' of the north half of the south half of the west half of... got sold off in the late '60's. All that is left is a 100' x 250' piece that is sold off in 1990. The last piece is a LEGAL piece because it was created by default when the penultimate piece was conveyed by deed in the late '60's. Just because the parcel was sold due to tax default does NOT mean that it is a "tax parcel".
You have to give us ALL the facts for us to come to the proper conclusion!
Now we've got a different situation. If the parcel is what is left of a large parcel after bits were conveyed off PRIOR to March 4, 1972, unless there is a local subdivision ordiance which pre-dates the states SMA, the parcel IS a legally created parcel. Your comments about tax sale were a dodge from the facts. You will NOT need a Cof C in this case.
Example: The original parcel was a 1000' x1000' parcel created in the late '40's. The east half got sold off in the early '50's. The north half of the west half got sold off in thelate '50's. The south half of the south half of the west half got sold off in the early '60's. The easterly 400' of the north half of the south half of the west half of... got sold off in the late '60's. All that is left is a 100' x 250' piece that is sold off in 1990. The last piece is a LEGAL piece because it was created by default when the penultimate piece was conveyed by deed in the late '60's. Just because the parcel was sold due to tax default does NOT mean that it is a "tax parcel".
You have to give us ALL the facts for us to come to the proper conclusion!
Ian Wilson, P.L.S. (CA / NV / CO)
Alameda County Surveyor
Alameda County Surveyor
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Lehmann
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Ians right re: the Remainer issue, but regardless of being a remainder or not, I do believe that the effect of the "tax sale" is to create a legal parcel. It is one of the exceptions to the SMA as cited in numerous Durkee seminars. (the Government always gets to create what will generate monies for the public)