California Surveyors Forums

Hello all,

Let's say the west edge of my parcel is part of the common interest portion of Lot 1. There's a recorded condo plan over all of Lot 1, and the exclusive ownership areas are in the interior of Lot 1. The Jones corporation owns all of the common ownership areas around the edges of Lot 1, and the exclusive owners each have a fractional interest in that portion.

Now my westerly neighbor, Mr. Smith, wants to give his easterly 10 feet to the Jones corporation, in a legally processed and recorded lot line adjustment.

How do I define the fractional interest of the LLA area for all those exclusive owners? Do I have to file an amended condo plan for the entirety of Lot 1 (plus the new Smith area)? Or can I just file a condo plan for the new LLA (Smith) area?

Interesting problem. I think you have to file the former not the latter becasue the new 10 foot strip is essentially becoming a part of the overall condominium project. If the common area lot is being adjusted legally, then the condo plan can adjust with it. If you do the latter you might be open to doing a whole new tentative and final map. George Marchenko