27388.1 Exemption

[Jay Wright]

I am planning on submitting a Record of Survey and am working on this note.

This document is exempt from the provisions of Gov. Code 27388.1 as it is not associated with
any recent, pending, or planned real estate transaction.

I think it could be used for most of my Record of Survey maps except for LLA's.

Thoughts?

[PLS7393]

Good luck and I will be anxious to see what happens.
Please post the success or failure of this map so we can follow your brave adventure.

P.S., if successful I'll gladly buy you dinner at an establishment of your choice!

[squid]

I am planning on submitting a Record of Survey and am working on this note.

This document is exempt from the provisions of Gov. Code 27388.1 as it is not associated with
any recent, pending, or planned real estate transaction.

I think it could be used for most of my Record of Survey maps except for LLA's.

Thoughts?

Hello, I recommend you add a comma after "27388.1" - other than that, your note is great!

Carol (Squid)

[dedkad]

I don't see how your note would exempt you. According to 27388.1:

"a fee of seventy-five dollars ($75) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees...“Real estate instrument, paper, or notice” means a document relating to real property, including, but not limited to, the following: deed, grant deed, trustee’s deed, deed of trust, reconveyance, quit claim deed, fictitious deed of trust, assignment of deed of trust, request for notice of default, abstract of judgment, subordination agreement, declaration of homestead, abandonment of homestead, notice of default, release or discharge, easement, notice of trustee sale, notice of completion, UCC financing statement, mechanic’s lien, maps, and covenants, conditions, and restrictions."

It doesn't say anything about recent, pending, or planned real estate transactions. In fact, the transfer is the only thing that might exempt you :

"The fee described in paragraph (1) shall not be imposed on any real estate instrument, paper, or notice recorded in connection with a transfer subject to the imposition of a documentary transfer tax as defined in Section 11911 of the Revenue and Taxation Code or on any real estate instrument, paper, or notice recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier."

[Jay Wright]

Well I didn't say I was gonna win.....Good points dedkad

I was going with the part right after your citation stopped ... "per each single transaction per parcel of real property"
I don't see my control survey as a real estate instrument.
I was wrong once before though.

[Warren Smith]

I have seen our Recorder view "each single transaction" as relating to the clerk's filing of a map, not the effect of the record of survey as a transaction - only that it relates to real property.

I wish they were as diligent at collecting the Survey Monument Preservation fee ...

[Jay Wright]

If each document is a single separate transaction with a fee then you can never hit the max???

[dedkad]

If each document is a single separate transaction with a fee then you can never hit the max???

The language is confusing and I'm afraid some enthusiastic County Recorder may try to read that into the interpretation, but as of now, at least in our County, the Recorder says the max is hit if paid by the same person as it relates to the same property.