California Surveyors Forums

Last year i processed a lot line adjustment for two owners.

The rear owner was using an improved roadway across the front owners land, rather than improving a road on his frontage.

The front owner had placed a house addition too close to the rear owners line.

Both agreed to "Slide" the front parcel West 25 feet, allowing the rear owner to own the improved roadway in fee, and also to bring the Front guys house into setback compliance.

Everything was processed thru the Planning and Public works departments.
The Legals for the Lot line adjustment (certificate) / Cert of compliance were prepared as well as a sketch plat showing the newly configured parcels.

New deeds were prepared by a local attorney, using the Legals thet were attatched to the Certificate of compliance ( for LLA) All being duly recorded.

This week, the County assessor, has contacted my clients stating that they dont like the legal descriptions and are requiring that NEW deeds be prepared that simply describe that portion of each parcel that was "transfered" from and to each owner respectively.

I question their authority to request the New deeds . . .

I also question their ignorance to the fact that the deeds prepared by the Attorney, clearly refer the LLA cert of compliance, And the Legals are exactly as had beed written and approved by the County public works Dept.

Does the Assessor have such authority to make this request ?

My clients are indicating that i should do all this work for no charge, as they hired me as an authority consultant.

To date, planning and public works are not responding ???


What gives here ???


DH

Usually around here the transfer deed legals are different than that cert of compliance legals. The grant needs to transfer the portion of land being within the adjusted area from one owner to the other.

The Cert of compliance legals are to be used the next time each of the resulting lots are transferred to another ownership.

Steve.....

Why the extra step? I don't get it. So all those many hundreds of LLA descriptions recorded by multiple engineers and surveyors that I've read over the years...those that simply record the resultant descriptions...they are defective?

One of the problems with many municipalities is their unfamiliarity with the subdivision map act. This could be the case here. Many of them, when processing a LLA, ONLY ask for a description of the FINAL parcel configurations. That produces a description of Parcel A and Parcel B. The county issues the COC and the property owner or surveyor thinks they are done because they satisfied the municipality's requirements. That may be true but they may not have complied with the SMA. I note that most agancy lot line adjustments are administered by planners and not surveyors.

Although you may have a description of the final parcel, you may be in violation of the SMA. Many (most?) agencies overlook the fact that if there is a loan on the property, it too has to be modified. The description of the note needs to agree with the description of the property. If they do not agree, there is a SMA violation. In order to legally effectuate a LLA, you have to concurrently transfer the land given up by one parcel along with any third party (trust deed) interest. The parcel that is enlarged has to have the underlying paper modified to accept or addend the new land. There has to be a transfer and acceptance. The issuance of a COC does not create a legal parcel. There has to be a transfer and acceptance of the land being moved around. Anything else is a SMA violation. Most municipalities don't understand this or consider this as their role is to issue the COC. They should be asking for the transfer of interest and if they do not, the surveyor MUST. If the property has been hypothecated, the lender has a right to claim all the land that his/her interest encumbers. After all, the valuation is predicated upon the original description. The terms of the trust deed also require that the owner gets the lenders approval. Not many people do this because the municipality does not ask for this. Wrong move. By failing to do so, the terms of the trust deed have also been violated. Per the SMA:

66424. "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, SHOWN ON THE LATEST EQUALIZED COUNTY ASSESSMENT ROLL as a unit or as contiguous units, for the purpose of sale, lease or FINANCING, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in subdivision (f) of Section 1351 of the Civil Code, a community apartment project, as defined in subdivision (d) of Section 1351 of the Civil Code, or the conversion
of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code.
Remember, by definition, a LLA IS NOT PART OF THE SUBDIVISION MAP ACT!

Also per SMA-66412. This division shall be inapplicable to any of the following . . .

(d) A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, if the lot line adjustment is approved by the local agency, or advisory agency. A local agency or advisory agency shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances. An advisory agency or local agency shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and
building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements.
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This is important because it tells you what the agency does do and does not do. All they do is to determine if you are meeting planning, zoning and building regulations. They do not express an opinion about the SMA. They can't because it is not part of the SMA. Remember that the LLA lawws were originally intended to be a relief mechanism with minimum agency involvement.

I hope this makes sense because it is very important. Most people assume that because they have a government approval, they are in the clear. That is not the case.

BTW, my preferred solution is to record a parcel map that has been approved to memorialize the LLA. The City of San Diego permits this and it is a wonderful way to go. In addition to providing a means to set monuments, I get my client the protection afforded under the SMA, i.e. the approval is in fact legal and final and does satisfy the SMA. To go the other way, by definition means you are not satisfying the SMA. How can you when the LLA is not a part of the SMA?

Here is the security you get when filing a map:

SMA 66468. The filing for record of a final or parcel map by the county
recorder shall automatically and finally determine the validity of
such map and when recorded shall impart constructive notice thereof.

Good luck.

"66468. The filing for record of a final or parcel map by the county recorder shall automatically and finally determine the validity of such map"

A bit off the subject, but I wonder is anyone has ever used §66468 to defend title to land they didn't own prior to the filing of a poorly-surveyed Parcel Map that incorrectly encompassed a portion of the adjoiner's parcel?

.

Well I am currently working on that exact problem as I have been retained by a title company that insured such a parcel. That can be a sticky one. I also have a case involving a challenge to a 50-year old subdivision map boundary that is going to trial in April. These things are supposed to be challenged in a timely manner and the court gives preference to map challenges. That's why I like going this route.

SMA:
66499.37. Any action or proceeding to attack, review, set aside,
void, or annul the decision of an advisory agency, appeal board, or
legislative body concerning a subdivision, or of any of the
proceedings, acts, or determinations taken, done, or made prior to
the decision, or to determine the reasonableness, legality, or
validity of any condition attached thereto, including, but not
limited to, the approval of a tentative map or final map, shall not
be maintained by any person unless the action or proceeding is
commenced and service of summons effected within 90 days after the
date of the decision. Thereafter all persons are barred from any
action or proceeding or any defense of invalidity or unreasonableness
of the decision or of the proceedings, acts, or determinations. The
proceeding shall take precedence over all matters of the calendar of
the court except criminal, probate, eminent domain, forcible entry,
and unlawful detainer proceedings.

66468. The filing for record of a final or parcel map by the county
recorder shall automatically and finally determine the validity of
such map and when recorded shall impart constructive notice thereof.

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Constructive notice is important here and that is another reason why the approval of a LLA does not transfer title.

A municipality cannot extinguish or modify a lender's interest without the lender's consent and permission. Unless the lender is a party to the LLA, it is a nullity. They have to be a party to the deal. That is why lenders, beneficiaries and others sign off on maps and do not sign off on a LLA.

A LLA is not a subdivision; it is not part of the SMA.

More to ponder.

Hi Steve,

There is a provision in the SMA permitting agencies to waive the filing of a TM permitting you to go straight to a final map/parcel map. It has the added benefit of creating a vehicle to set monuments on one shot. Otherwise, if you want to set monuments, you have to file an ROS on top of the LLA and deeds in addition to a COC perhaps.

Do it all on a map and call it a day.

Wouldn't a Parcel Map application expose the owner to much higher local agency fees?

.

It is processed differently and is not a discretionary application. That is the key. Discretionary processing is the problem. These are not discretionary approvals - they are ministerial.
SMA 66428. (a) Local ordinances may require a tentative map where a parcel map is required by this chapter. A parcel map shall be required for subdivisions as to which a final or parcel map is not otherwise required by this chapter, unless the preparation of the parcel map is waived by local ordinance as provided in this section.

A parcel map shall not be required for either of the following:

(1) Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code, that are created by short-term leases (terminable by either party on not more than 30 days' notice in writing).

(2) Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For purposes of this subdivision, land conveyed to or from a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license.

(b) A local agency shall, by ordinance, provide a procedure for waiving the requirement for a parcel map, imposed by this division, including the requirements for a parcel map imposed by Section 66426.

The procedure may include provisions for waiving the requirement for a tentative and final map for the construction of a condominium project on a single parcel. The ordinance shall require a finding by the legislative body or advisory agency, that the proposed division of land complies with requirements established by this division or local ordinance enacted pursuant thereto as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this division or local ordinance enacted pursuant thereto. In any case, where the
requirement for a parcel map is waived by local ordinance pursuant to
this section, a tentative map may be required by local ordinance.

(c) If a local ordinance does not require a tentative map where a parcel map is required by this division, the subdivider shall have the option of submitting a tentative map, or if he or she desires to obtain the rights conferred by Chapter 4.5 (commencing with Section 66498.1), a vesting tentative map.

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Lobby your county or city to adopt a waiver ordinance. it is really the best way to go as it is a wonderful omnibus process.

The Parcel Map can be a lot of things. If you read the SMA, a local agency can generally adopt whatever processes it wants to file under the SMA. If Greg Hopkins weighs in, he can shed some more light from the city's perspective.

As to the advantage, you cannot set monuments under an LLA withour filing a ROS. That is because the descriptions are by metes and bounds and not by map. If they are depicted on a map, you only have to file a Corner Record.

By processing a map, you knock off the lender/trustee/beneficiary sign offs. If you simply process a LLA, that will probably not happen. As noted, you cannot set monuments under a M&B LLA. That, of course, is the problem I believe that is associated with this discussion.

goodgps said: Last year i processed a lot line adjustment for two owners.

Sounds like it's the procedure as around here. Deed(s) transferring the lands from one owner to the other must be recorded. The "new" descriptions in and by themselves do not affect the transfer of land, and would cloud title if recorded without transfer deed(s), even with a certificate of compliance.

Excellent and yes.

Ken, thanks for the brilliant post. I have too many pokers in the fire but this would make a great article. I hope I can find the time as this one is simply an excellent topic.