Legal Question in Real Estate Law in California
Agricultural Exclusive (AE) Zoning Ordinance for 1920's Residential Subdivision
A Cabin Lot residential and recreational subdivision was Legally established in the late 1920's, pursuant to the Subdivision Map Act (SMA). Building construction, roads and Improvements were made to the Subdivison by the Subdivider and various purchasers of Cabin Lots, consistent with the Subdivider's plans for a Cabin Lot Recreational and Sports Subdivision. In the 1940's a person purchased several of the Cabin Lots, common areas and roadway easements of this Subdivision and filed a Reversion to Acreage Map (effects an abandonment of a Subdivision), thereby essentially eliminating a portion of this Subdivision, the roadway easements and the common areas. Is the act by this person Legal even though, at that time, the SMA permitted a person owning several contiguous parcels to merge those parcels and Revert them to acreage? Can a portion of a Subdivision be Reverted to Acreage by a subsequent purchaser and single Lot Owner/Easement Owner resulting in essentially an elimination of a portion of the Subdivision and removal of that portion from the use by the other Lot Owners in the Subdivision?
1 Answer from Attorneys
Re: Agricultural Exclusive (AE) Zoning Ordinance for 1920's Residential Subdivis
The original Subdivision Map Act took effect in 1929. The bulk of the current law took effect on March 1, 1975 and is codified at sections 66401 through 66499 of the Government Code, available at your county law library and many general libraries.
The procedure for a reversion to acreage is set forth at Gov. Code 66499.12 - 66499.19, which indicates that the "legislative body" (city or county) or ALL of the property owners of record within the subdivision can initiate the reversion process.
Reversion to acreage is a separate and distinct concept from merger of parcels. See Gov. Code 66451.10 - 66451.21.
Finally, termination of easements and other rights in common areas are yet a third and fourth separate and distinct legal concept, with their own (largely uncodified, common law) sets of rules governing what can be done, by whom, and by what process.
So, you see, it may be possible to merge a few parcels but that is not the same as reversion to acreage, which may not be legally possible under the same set of facts. My guess is that someone is explaining the history of the parcels to you without really understanding the legal concepts and terms involved.
Your question is in general terms, and the above is about as complete an answer as I can give with the limited information I have about your circumstances. If you are an owner of one or more lots and are concerned, for example, about whether you still have rights in an old easement, it would be necessary to explore the law of termination of easements by prescription, abandonment, merger, etc. in order to find the answer to your problem. This in turn would require more data (maps, dates, original deeds, etc.).
I suggest as a starting point you look at the cited sections of the Gov. Code, do some digging at the county recorder's office, then if you haven't answered your own question, have a discussion with a real estate lawyer in your county.
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