California Surveyors Forums

I reciently had an architect call me for an "example" condo plan. He was going to prepare it himself and record it. Then I looked at Civil Code Section 1351 and nowhere does it require the condo plan to be prepared by an LS/RCE!

The SURVEYOR’S CERTIFICATE that I use looks like this:
I, John Q. Surveyor, hereby state that I am a licensed Land Surveyor in the State of California, and that this condominium plan, consisting of XX sheets was prepared by me and is based upon a field survey and this plan truly represents the airspace units as constructed and their common area.

But nowhere in the state law is it required to be prepared by an LS/RCE.

Maybe legislation should be proposed to ammend CC Sec 1351???

Just a thought,

Michael Stanton PLS 5702

No need to mess with CC 1350 et seq.
If the DRE is reviewing they will inform the Architect of his (or her) overstepping, if they arent reviewing the project then the Title Company will have a real issue with recording or insuring.

With all due respect, I believe you need to place the notion of a condominium in the context of additional law. I thus note the following:

LSA 8726. A person, including any person employed by the state or by a
city, county, or city and county within the state, practices land
surveying within the meaning of this chapter who, either in a public
or private capacity, does or offers to do any one or more of the
following . . . establishes. . . any property line or boundary of any parcel of LAND . . . of those lines or boundaries. . . Determines the information shown or to be shown within the description of any deed, trust deed, or other title document prepared for the purpose of describing the limit of real property in
connection with any one or more of the functions described in subdivisions (a) to (f), inclusive.

CIVIL CODE: 1351. As used in this title, the following terms have the following meanings. . . (e) "Condominium plan" means a plan consisting of (1) a description or SURVEY MAP of a condominium project, which shall refer
to or show MONUMENTATION on the ground, (2) a three-dimensional
description of a condominium project, one or more dimensions of which
may extend for an indefinite distance upwards or downwards, in
sufficient detail to identify the common areas and each separate
interest. . . A condominium consists of an undivided interest in
common in a portion of REAL PROPERTY coupled with a separate interest
in space called a unit, the BOUNDARIES of which are described on a
recorded final map, parcel map, or condominium plan in sufficient
detail to LOCATE ALL BOUNDARIES thereof. . .

SMA 66424. . . "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. . .

CIVIL CODE: REAL or immovable PROPERTY consists of:
l. Land;
2. That which is affixed to land;
3. That which is incidental or appurtenant to land;
4. That which is immovable by law; except that for the purposes of
sale, emblements, industrial growing crops and things attached to or
forming part of the land, which are agreed to be severed before sale
or under the contract of sale, shall be treated as goods and be
governed by the provisions of the title of this code regulating the
sales of goods.

659. LAND is the material of the earth, whatever may be the
ingredients of which it is composed, whether soil, rock, or other
substance, and includes free or occupied space for an indefinite
distance upwards as well as downwards, subject to limitations upon
the use of airspace imposed, and rights in the use of airspace
granted, by law.

In the end, are we not LAND surveyors?