California Surveyors Forums

I want to get feedback from everyone regarding SMA 66445(c). "The subdivision number shall be shown together the description of the real property being subdivided." The question is - what does the description of the real property mean? I interpret that to mean - that is the legal description of the parent parcel being subdivided. But, could it also mean "A portion of land located in Section....."? I am having an issue with a County regarding this issue.

The most useful information is that relating to the description found in the official Records. Reference to a lot and block description is not much use unless the map can be found and therefore I think it would be appropriate to include data relating to book and pages of maps. In your example, being a portion of land located in Section... by itself does not aid in tacking down necessary data . I would use the description that I see fit but I would also include any info that aids in finding the underlying deed(s). From what I have seen,for the description to be useful it does not typically include every single course in the entire description.

Mauro,

The caption on a parcel map, or final map, is - as Dane points out - just that; a general locator. Similar to the same purpose in a description as a preamble. From the general to the specific, much like a headline to a newspaper, magazine, or blog article.

As a practical matter, it is useful for indexing purposes for County Recorders, County Surveyors, Assessor's mappers, title companies and the like.

Either way works. Probably the more specific the better, but if it is a long winded description which would take up a whole bunch of the title sheet, then the "general" description would be more appropriate.

Thinking here, what is the big deal? Sounds like the CS is taking time, yours and his, on something that is very minor. Less important than "dotting an i or crossing a t".

Time spent discussing this is time that could be spent on more important matters shown on the Parcel Map, if any.

I agree completely with Mr Hall

I guess the question I have now is - how would one retrace the the parent parcel without the legal description on the map? Is that not the intent of SMA 66445(c)? For example - I am retracting a survey that was done years ago and they had a distance to the West line of the property. Do I hold that distance or should I prorate? What was the intent of the original conveyance that was being subdivided - I do not know? Maybe I am wrong, but I think that the Parcel Map should stand alone and another surveyor should not have to pull a chain a title or previous deeds to know what the parent parcel was.

Generally the description in the Subdivision Guarantee issued by the Title Company should be the source of the preamble.

For many land divisions I call out the vesting title document number. In many instances it is a direct reference to the full legal description. However when the deed contains multiple parcels and not all are part of the division, then additional verbiage becomes necessary to accurately describe the lands being divided. Many eons ago I attended a seminar by a prominent title attorney who made clear that the description of the lands being divided were a necessary part of the title block.

LS7773 wrote:...Maybe I am wrong, but I think that the Parcel Map should stand alone and another surveyor should not have to pull a chain a title or previous deeds to know what the parent parcel was.

Yes, the Parcel Map should stand alone, if you need to reference the deed, then by all means, reference it on your map. You shouldn't have to put the legal description of the "Parent Parcel" in the title block in order for the Parcel Map to stand alone.