California Surveyors Forums

My client planning to convey her southerly 3' to her s'ly neighbor in fee. Does this trigger a Lot Line Adjustment?
Thanks for input.

No. Incorrect. Should have been YES. Posted before coffee and with too little sleep.

Read Section 8672 of the PLS Act and Section 66412(d) of the SMA.

I would say yes, am I missing something?

Let me rephrase that: between private parties a LLA "should" be required, otherwise no.

(d) A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added
to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, if the lot line
adjustment is approved by the local agency, or advisory agency. A local agency or advisory agency shall limit its review and
approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local
general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances. An advisory
agency or local agency shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to
the local general plan, any applicable specific plan and any applicable coastal plan, and zoning and building ordinances, to
require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of
existing utilities, infrastructure, or easements. No tentative map, parcel map, or final map shall be required as a condition to
the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, which shall be recorded. No record
of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code.
(e) Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant

Well, my client asked the City if a LLA is required for said land transfer. City said no.
I agree with you Vance.
IMO, Certificate of Compliance for LLA application should be submitted to City first before my client sign for the conveyance deed. By submitting said application, my client will be sure that (after C of C approval) she will not end up with a non-conforming lot size.
FYI, my client wants to sell her 3’ strip because the s’ly neighbor’s garage is encroaching to her property by as much as 2’. Said garage is at least 30 years old.

I would double check. Make sure that your client does not have any deeds of trust on the property (might require a partial reconveyance).

reads like a LLA, sounds like a LLA, must be a LLA

Darth:

Just out of curiosity, what is the importance of who owns the southerly parcel?

Vance:

Great point!

In actuality, most jurisdictions don't bother with getting the mortgage holder to sign off on the LLA. This is one of the major causes of difficulties down the road when one of the properties is foreclosed upon.

Some jurisdictions do require sign offs by the mortgage holder or benficiaries.

Who owns the southerly line is critical - if one owner owns both parcels and the parcels are not shown upon a recorded map(s) - then certificates of compliance are required to "recognize" that there are two parcels.

Same thing holds true when we perform a Record of Survey on a parcel. Per B&P 8762.5 "No record of survey of land shown on the latest adopted county assessment roll as a unit or as continuous units, which shows a division of such land into additional parcels, shall be filed with the county surveyor or with the county recorder, unless there is attached thereto a certificate by the county surveyor if the land lies within an unincorporated area, or a certificate by the city engineer if the land lies within a city, of compliance with the providisions of the SMA, Division . . ."

Phil - Sonoma

The county I'm in does not require it, not even a title report, the owners' or even real estate agents (which are the ones I really like, a quad map with lines drawn on it) can prepare the exhibit and application to the county, so by the time I receive it, it's already approved awaiting new legal descriptions. A lot of my clients do not like going to their trustees ' cause of the time and cost factor, I just keep telling them until I'm blue in the face that this WILL be a problem down the road, just because the County has approved your application and Boundary Line Adjustment, does NOT mean clear title has been passed.

Darth Vader,
Legal Description before conveyance:
My Client:
Lot 5 of Tract ABC, MB…, except the s’ly 3 feet of said lot.
S’ly Neighbor:
Parcel 1: Lot 4 of Tract ABC, MB…
Parcel 2: S’ly 3 feet of Lot 5, Tract ABC, MB…

They are both residential properties.