California Surveyors Forums

Under what circumstances does an Official Map create legal lots. On the contrary, when are lots created by an Official Map not legal lots.

The property in question is a single metes and bounds description. The Assessor has created two separate tax parcels (two different uses on the property) and the assessor map shows three lots created by an Official Map within the metes and bounds description. Property owner wants to sell off one of the uses to the lessee. Does he have three lots or just one lot? The outcome decides whether a parcel map or lot line adjustment.

Appreciate any feedback.

Official Maps are compilations of previously created subdivision lots - and public streets. Adopted by Boards of Supervisors, or City Councils, the depiction of lots are by definition separate and valid, unless later adjusted or merged.

Government Code sections 66499.50 et seq.

The Assessor may create assessment parcels for the purpose of disparate ad valorum taxation under provisions of the Revenue and Taxation Code, or even combine parcels for ease of mailing tax bills, but that does not impact the underlying fee title.

Gov't Code Section 66499.35.(d) A recorded final map, parcel map, official map, or an approved certificate of exception shall constitute a certificate of compliance with respect to the parcels of real property described therein.

Some research I have come across where an agency appears to not want to recognize an OM as creating legal lots (the last bullet being the crux)

Requirements:
▪ the map to be certified and the official seal (if any) of the county included;

▪ the certificate to “set forth in full the resolution adopting such map, with the date of adoption;”

▪ the certified map to be filed with the county recorder; and

▪ the county recorder to immediately “securely fasten and bind” each map – into a series of firmly bound books
to be provided, together with the proper indexes thereof [emphasis added].

Our County's official maps are securely fastened and bound into a firmly bound book and a proper index in our office - as ex officio county recorder. They are certified, officially sealed, with language of the adopting resolutions, and noted as filed with the County Recorder.

Fortunately, there are not many of them - they are of unincorporated towns, and were prepared by the County Surveyor.

As Warren said, an OM is just a compilation of existing records of lots/parcels. If the land in question shows up on an OM as 3 separate lots, then there is most likely some basis in the title record for that.

I have seen some that are based upon a field survey. Examples below:

http://dpw.lacounty.gov/sur/nas/landrec ... OM5-41.pdf

http://dpw.lacounty.gov/sur/nas/landrec ... OM5-44.pdf

http://dpw.lacounty.gov/sur/nas/landrec ... OM5-52.pdf