California Surveyors Forums

A discussion came up today at our office and I am wondering what others think: Is a LLA considered a sequential or simultaneous conveyance? Does it matter if they are recorded in one document or two?
Thanks for your input,
Ed

Simultaneous. Doesn't matter.

Provided the descriptions are carefully crafted, that is, with proper qualifying phrases, it shouldn't matter.

Warren,
What if there isn't the proper qualifying language?
Ed

It is simultaneous. One cannot exist without the other.

Again, the descriptions have to be written such that ambiguities are not introduced. I always advise applicants to consider someone retracing the description 30 years down the road.

Given that roughly half of the LLAs we process are done without benefit of a field survey and monuments, it is incumbent to construct the descriptions to remove doubt as to intent. That generally follows the outline of describing the parent parcel and excepting out the remaining parcels. As an exemption to the requirement to file a subdivision map, the resultant parcel descriptions become adjusted lots simultaneously, regardless of the order of reciprocal grant deeds.

As to the situation where an ambiguity does exist in a poorly written description, extrinsic evidence comes into play, such as actions of the landowners in reliance on one of the described parcels.

Warren: I would like to see an example of one of your LLAs that illustrate what you're talking about.

Lee,

Here's a recent one. Some of the exceptions are from the parent parcel, the others are those comprising the other resultant parcels.

I believe it would be considered simultaneous regardless of whether or not there were ambiguities in the legal descriptions.

For a two-lot LLA, I like something such as "all that portion of real property lying northeasterly of the following described line" with the other lot being described the same but southwesterly of the line.