California Surveyors Forums

I was asked a question today that I do not have the answer to so I figured I would post to the community for there expertise so I can gain some knowledge.

I have a tract map filed in 1961 creating approximately 100 parcels. An owner of two (2) contiguous parcels built a home addition in 1995 that encroached into his contiguously owned parcel. He filed with the local agency a lot merger/certificate of compliance creating one (1) legal parcel.

The property was recently sold and the current owner would like to divide and sell the remaining portion of the parcel that is excess land.

My question is can you unmerge this parcel to create the original lots from the original tract map filed in 1961 while doing a lot line adjustment to accommodate for the home addition encroachment?

Thank you in advance for any advice you can offer.

I do not think so. I think you have to file a new parcel map.

Even if a workaround solution to effect an unmerger happened in this case, it would be violative of building setbacks. A parcel map is in order.

As Warren said, a parcel map is in order, as the ONLY way to recreate two parcels from one existing parcel.

a new Parcel Map subject to todays rules and standards.

Yes