California Surveyors Forums

My client owns a legal parcel bounded by green lines on one deed. He proposed to create 2 parcels by adjusting the his red line to blue location.
If I can justify red line is a legal line, then, a Lot Line Adjustment is an avenue to create 2 parcels.

I think the red line is a legal line by default. Any thought?

Look at the Master Title Plat for that Township and see what "parcels" were created.

If that is valid, then check for possible mergers since the patent.

see the Tehama Case, you must prove the 2nd parcel has been conveyed as a seperate parcel.

If I ununderstand the question correctly it comes down to whether a 1/4th section line can be adjusted to form a newly shaped parcel. That being the case it may be possible to adjust the 1/4th line of the S/W quarter was transferred as a single lot in the past.

However this creates an interesting question: can that portion of the "blue", newly created lot within the N/W quarter be considered to be another lot?

I don't know the answer but this is probably one of the reasons the SMA is approaching the federal tax code in size. Govt fees is another reason.

land butcher wrote:I don't know the answer but this is probably one of the reasons the SMA is approaching the federal tax code in size. Govt fees is another reason.

If it wasn't so truthful, it might be funny.

I can't determine the answer to this without seeing all the related documents. But one thing that should be cleared up is that you can not create a parcel via Lot Line Adjustment. Per the SMA, after 1972 (unless you have a local ordinance in place prior) you can only create a legal parcel by Subdivision Map, Parcel Map, or Government Entity. In order to have two parcels after a LLA, you must have at least two before.