Legally Created Parcels

[pls7809]

I would request a chain of title or a deed dated prior to March 4, 1972. What was provided is not sufficient especially if there are no dates.

I'm not sure about the (b) questions, but I would say that no it does not for my first answer.

The contrary may be shown.

[Anthony Maffia]

I agree with Ryan. When I have a question about a the creation of a parcel, I first check for a deed with an identical description recorded prior to 1972.

IIRC, an exception could occur if the jurisdiction had a LLA or Parcel Map requirement code in effect prior to 1972.

[pls7809]

Anthony's right. You need to know when the jurisdiction first had PM's and LLA's in their code.

[cals6406]

Quoting from a "SMA Expert"

"If a permit or grant of approval for development of an illegally created parcel occurs, it is entitled to a certificate of compliance under the same rules as in Government Code 66499.35"

Government Code 66499.34 and 66499.35(c)

I believe your surveyor is attempting to point you at the last.

[Lehmann]

A development permit issued for a specifically identified parcel by the responsible agency having jurisdiction, is the functional equivilent of a certificate of compliance. (its kind of like Catch-22, in that a legislative body can only issue development permits for a legal parcel, therefore if they issued a development parcel, it therefore must have been a legal parcel at the time of issuance) Once again this is paraphrasing from the SMA expert - M.D.

[land butcher]

In my experience it depends on the governing body.
2 counties I did most of my work in required title evidence that a deed created parcel was created prior to the SMA, but when I was approached about a parcel in a much larger county nearby I found out that the County surveyor in that county accepted whatever was shown on currant assessors maps. A height challenged private surveyor that had worked for that county got to be a big boy for 10 min putting me down in front of the client.