California Surveyors Forums

Situation: There two parcels, A & B of a Parcel Map (PM). The original deed for one is a Metes and Bounds (M&B) (a gift deed) with no reference to the PM but the geometry is identical to the map, and recorded a month prior to when the PM recorded (1971). The other deed cited “Parcel B of PMâ€￾. There was no owner’s statement on the map. Back in 1971, did owners need to sign the Parcel Maps? It seems like no parcel maps prior to 1972 had an owner’s statement on them.

Did the M&B illegally subdivide land since it occurred before the PM recorded? If the PM was approved, then the deed (that recorded a month prior to the PM) may not have been done illegally?

Are the owners of the M&B description senior to the deed that references the actual PM?

I’ve seen this situation a couple of times, (a M&B but no reference to the PM that created the lot).

That was one of my questions. What struck me as odd was the fact they the owner gifted one of the parcel BEFORE the map recorded, raising the issue of senior vs. junior rights instead of a simultaneous conveyance.

>>>>"July 27, 1955 to September 13, 1955 (Ord. 791) Plat required except >>>>where:
> Each parcel resulting therefrom contains an area of more than 5
acres, or
> Division by Court Decree, or
> Division by Intestate (not having a will), or
> Division by Testamentary Disposition (bequeathed by will)
> A recorded Deed was required to follow the dividing action to
>complete the division as the plat did not create parcels by itself"

The above state would indicated that the plat itself did not create the parcel under the local ord. Usually the owner would refer to the map when conveying the parcels, but in the case I cited, they used M&B, and I've seen it elsewhere too.

>>>>>>"January 16, 1966 to May 31, 1966 (Ord. 1703) (Amends Ord. 786)
>>>>>> Parcel Map required for all divisions within one year of approval"

Sounds like you can record the Parcel Map after splitting the lot?
After looking at the local ordinances it appears that you had to file a PM with one year of deeding out the parcels.

If this is true, then is it a simultaneous or sequential conveyance?