California Surveyors Forums

Question for my betters:

I have been taught that the Lot Line Adjustment process is as follows: LLA, Certificate of Compliance, Quitclaim Deeds which reference Parcel X of the Cert of Comp recorded...yada, yada, yada. The reason for the three step process is to ensure the property receives the magic notice from 66499.35(f)(1)(E).

This process varies when the local jurisdiction has a "Certificate of Compliance for Lot Line Adjustment Purposes". In that case I just prepare the COC-LLA and then the legal descriptions for the Quitclaim deeds referencing the COC-LLA. Because, in this case, the COC-LLA has that magic notice.

Here is my question: Am I incorrect in this process? Instead, can you simply record deeds after the LLA like Section 66412(d) says?

I have seen several instances where other surveyors are doing just that, record a LLA then record the deeds, no certificate of compliance prepared or recorded and no notice from Section 66499.35(f)(1)(E).

What say you, Magic 8 Ball?

(and yes, I am leaving out the field survey/ROS part of the LLA...that's a different topic)

I agree with your modus operandi. I had a client who owned several downtown parcels. One of which we performed a LLA upon. Subsequent to LLA approval/deed transfers, I had COC performed to "put the hook" on the City for their "blessing" and recognizing the LLA. (Besides, approvals in some cities winds up in a pile of paper in the city files subject to being lost in fire, etc. Not recorded, like a COC).

Your method is even suggested in "Subdivision Map Act" available on CEB (Continuing Education of the Bar). Although pricey - it is a wonderful reference book for the surveyor's library!

http://www.ceb.com/CEBSite/product.asp? ... %5Ftest=1#

In any case, if your client owned adjoining parcels it would be wise to educate he/she to why one would go to the expense of obtaining a post-LLA Certificate of compliance.

Thoughtful question . . . ‘n my two cents . . .

Phil - Sonoma

no CoC, no future development permits. Dont forget Modification of Deeds of Trust. ALL affected owners must be a party to the LLA.

In Humboldt Co. we record a Notice of Lot Line Adjustment & Certificate of Subdivision Compliance (1 document) & R/S usually. Step No. 1 is to determine what the underlying legal parcels are and then get the LLA approved and record the NOLLA/CoC for all newly adjusted legal parcels. If the property is not being sold then we go no further. In Del Norte County they also require the recordation of deeds to yourself to get it into the Grantee/Grantor indexes.

Russ,

Why isn't a LLA an implied CoC in your view? If the County approves the lot per zoning in the LLA process, why would it need a CoC as well.

If the lot is not legal as a result of the LLA, the County should not have approved it. County approval = legal lot.

Approval by the Planning Dept. is not a recorded document and hard to resereach in the future. CoC is recorded and simplifies future research of the boundary. the transfer deed is only of the portion transfered, the CoC describes the entire resultant parcel. The owner ends up with a new description not something that has to be pieced together.

I can understand the concern that the Planning approval is not a recorded document. However, neither is a building permit, but a prior issued building permit is an implied CoC. How is an LLA approval any different?

I can also see an LLA where only the transfer portion(s) are described, with no deed reflecting the resultant parcels filed, can be a set up circumstance for problems. Why would one not file the resultant parcel deeds?

Some county's want only the areas of transefer described. For my money, I prefer to end up with resultant parcels, that reflect subject parcels and their newly adjusted lines,contained in a single deed. It is best to get the new desription into the chain of title.

and that is why we require the CoC, it is the resultant parcel. The transfer can not describe the resultant parcel as that is not what is being transfered.

All documents/descriptions are prepared, modification of deeds of trust, transfers and CoC (resultant parcel) and a package is delivered for recording, so nothing is forgoten. (we hope)

If the local jurisdiction only required deeds of what's transferred, I would recommend to my clients that they file reformation deeds of the resultant parcels after thee LLA to avoid potential problems as Dave demonstrated.

I think the certificate of compliance (COC) needs to be the last document recorded showing the newly described parcel.

These are the steps I think need to take place:

Step 1 - The Planning Department records (or not) a resolution approving the LLA. The resolution doesn’t create the newly adjusted parcel or moves the property lines; it’s just a notice of a pending LLA.

Step 2 – Title company prepares modified deeds of trust (if any), partial reconveyances, and clears all title issues on the strip being transferred as part of the LLA. Owner 1 deeds to Owner 2 the strip of land in a form of a grant deed (not quit claim) and vise versa, if applicable. These deeds can record simultaneously as the COC.

Step 3 - Owner signs COC as approval of the LLA and their new legal description. Title Company records the deeds and the COC on the newly adjusted parcel. (resultant parcel)

The biggest problem I’m seeing is that local jurisdictions are recording COC on the resultant parcels without the strips of land being transferred; they just assume the owners will finish the process. That is a big issue because of deeds of trust and other title issues. Most lenders want an even exchange of land and if there is money involved, the lender may want that put towards the loan before they release there interest on the strip.

So in essence if the steps above are not followed, the new legal description may have more than one deed of trust - mine and portion of my neighbors.

That’s my opinion.