Preliminary Deed forms required

[goodgps]

My question is:

Under what statute, law or ordinance can a Public Agency request the Deed form, complete with grantor, grantee and legal descriptions, upon the submittal of a Lot Line Adjustment ??

This to me seems over-the-top, when (1) an attorney must be hired (2) the LLA may not be approved for some reason. (3) Beneficiaries or Trustees may or may not be included. etc.

If this request is not legal, I wish to know the statute to bring to their attention. The agency is not responding to the "omission" argument.


Thank you very much

[dedkad]

Are you talking about them requesting deeds that describe the current configuration of the lots or a deed to effectuate the LLA?

If the latter, it is covered in Section 66412(d) of SMA - "The lot line adjustment shall be reflected in a deed, which shall be recorded."

Why do you need to hire a lawyer? There are plenty of Grant Deed templates available online. Start by checking your County Recorder and Title Company's websites.

[goodgps]

The request is upon SUBMITTAL OF THE TENTATIVE (not yet approved)
The agency wants deeds that will reflect the POST LLA approval. I do not see how a new deed can be prepared without being "pursuant" to a certificate of compliance, such as a lot line adjustment. Personally I don't want to prepare something that gets recorded without all of the parties acknowledging.

When a normal certificate is approved, AND the parties sign their certificate or notice of Lot Line Adjustment, there is substantial evidence of intent.
A formal Deed(s) can be filed pursuant to the recorded approved document. In this case, I feel the Agency is taking responsibility to assure all parties of interest have been shown? Should there be an omitted party, I would refer them to the agency council, however, you now that despite protest, a lawsuit would come back on the surveyor.

[dedkad]

The request is upon SUBMITTAL OF THE TENTATIVE (not yet approved)
In this case, I feel the Agency is taking responsibility to assure all parties of interest have been shown? Should there be an omitted party, I would refer them to the agency council, however, you now that despite protest, a lawsuit would come back on the surveyor.

If they were taking responsibility to assure all parties of interest have been shown, they would have requested a title report because, like you pointed out, there may be beneficiaries on deeds of trust for the property. With regards to the deed request, I'm not sure if I understand what the big deal is. Can't you just prepare a draft legal description for the deeds - the legals being the same exact legals that would be in the in the LLA Certificate of Compliance - and leave blanks if you wanted to supplement the legal with a reference to the recorded LLA?

[goodgps]

YES
Draft legals are prepared all the time. The Agency wants a FULL GRANT DEED form (which is practicing law).
The owner must hire an attorney (who will comply). The attorney can prepare a draft or "mock" deed, in almost ready to record form.

I feel this to be a preliminary expense that isn't legal.

THE LOT LINE ADJUSTMENT HAS NOT been approved this deed form request in upon submittal there is a fact the application may be denied, by the agency. Now the owner has the expense of attorney.

[Johnston]

Please explain how filling out a grant deed form is "practicing law". If you don't know the odds of the application being approved, and don't know all the parties holding an interest in any properties "losing" land, maybe there's work to be done before you apply.

[dedkad]

What's the difference between a grant deed and a "FULL GRANT DEED"? Here's a grant deed in fillable pdf format available online. http://sbcvote.us/pdf/forms/recorder/Grant-Deed.pdf. Filling out a form is not practicing law. However, putting in the legal description is practicing surveying, so that's where you come in.

[pls7809]

I've filled out deed forms. It is not practicing law. Caltrans districts 7 and 8 requires the surveyor preparing the descriptions to prepare the deed forms.

[pls7809]

I've filled out deed forms. It is not practicing law. Caltrans districts 7 and 8 requires the surveyor preparing the descriptions to prepare the deed forms.