Legal Question in Real Estate Law in California

Re: Partial fee simple conveyance

The answer is that it depends upon what you mean by "a portion" of a fee simple.

If you own, say, 100 acres and want to convey 20 acres to each of five friends, you run afoul of the Subdivision Map Act and other laws and regulations imposing heavy-duty restrictions and conditions upon the subdivision of parcels into physical sub-units.

On the other hand, there are few if any restrictions on dividing up the percentage ownership of the 100 acres, or the "time ownership." This means you could sell each would-be co-owner a 20% interest in the entire 100 acre parcel. No new parcels would be created; it's still a 100-acre parcel, but now has five owners each claiming an undivided 20% interest in the whole. Each has the right to possess any part of the land. Such co-ownerships can be either joint tenancies or tenancies in common, with important consequences upon death of an owner, etc.

It is also possible to divide ownership of a parcel in time, for example by creating one or more life tenancies; this isn't much affected by statutues but is nowadays considered a rather old-fashioned way of arranging one's affairs. Estate planning for succession of ownership in land now focuses on the use of trusts.

More likely than not, what you have in mind is a lot split rather than the latter possibilities, and you really need professional guidance if you are inexperienced.......at least see a licensed real-estate broker; you very well may need the services of an attorney. The broker and/or attorney selected should have prior successful experience in accomplishing land divisions of the type you have in mind. They should know their way around the courthouse and the planning department.