Legal Question in Real Estate Law in California

In a petition of real estate action, can the court divide the property between tenants in common, who have pre-approved a surveyed division between them, that may not comply with local county codes regarding min. lot sizes.


Asked on 10/15/14, 4:12 pm

2 Answers from Attorneys

No.

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Answered on 10/15/14, 5:33 pm

Sorry, let me elaborate a bit. The answer is no, because then all people would have to do to bypass the Subdivision Map Act, and all relevant local zoning and planning processes and laws would be to become TICs, Make up a dispute, file a partition action, and then settle it with a division. Doesn't work that way.

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Answered on 10/15/14, 5:35 pm


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