You May Have More Parcels Than You Think! New Cases Are Testing The Legality of Parcels Created by Older Maps

At least four lawsuits, one of which is being litigated by the authors of this legal alert, recently have been filed in California to determine the legality of parcels created by subdivision maps that were recorded sometime between 1893 and 1929. These cases will significantly impact the status and value of property on which these older subdivision maps were recorded.

In 2003, the California Supreme Court determined that subdivision maps recorded prior to 1893 did not alone create legal parcels. The Court, however, expressly left open the question of whether a subdivision map recorded between the years 1893 and 1929 creates a legal parcel. Many local governments have taken the position that such maps do not create legal parcels. They fear that the recognition of lots created by subdivision maps recorded prior to 1929 will lead to rampant unregulated development.

We believe that these older subdivision maps did create legal parcels, and, moreover, that the fears of local governments are unfounded. Local governments have numerous tools (beyond the Map Act) to regulate the development of property, regardless of whether or not older maps created legal lots. The allowed uses of, and ability to place development on, lots are controlled by local general plans, specific plans, zoning codes, and other local regulations.

Allen Matkins is following these cases closely and providing guidance to landowners and local governments.

For a definitive guide to the Subdivision Map Act go to http://landusenavigators.com/.