Legal Question in Real Estate Law in California

Re: Regional Planning Nightmare

Hmmm, this is a tough one, and I think you are going to need a local real-estate (planning and development) specialist to straighten this out. The dollars involved would make it a worthwhile investment.

I can give you a few pointers, however.

First, traditionally, government agencies have a high success rate in avoiding being held responsible for judgment errors, incorrect advice, etc. by their employees. Although there is a principle called "estoppel" which says if a party takes one position and someone else reasonably relies on that position, the first party is "estopped" to assert a differing position to the detriment of the other, public agencies have usually been held NOT estopped by their employees' mistakes. A common example is bad advice from IRS help numbers -- guess what -- you still owe the taxes!

Nevertheless, I have heard of some recent breakthroughs where the trend may be going the other way. If you hire a local attorney, she/he can research the possibility of estoppel against the Regional Planning people.

However, you may have another problem in that permission to split a lot is not necessarily the same as permission to build on both lots. Local policies differ (and change with time) but in some cases it is possible to split property into two parcels, one of which is either not buildable at all or buildable only with major expenditure. A lot-split permit is not a building permit or a guarantee of buildability.

I was confused by your statement that 'the gentleman behind the counter' split your lot. It is probably more accurate to say that you split your lot with the permission of the agency the employee works for.

Also what do you mean by C of C's for building? Covenants of contract? I'm not familiar with this abbreviation. You seem to be referring to some kind of covenants. Building restrictions applicable to your lot could come from private covenants of deed as well as from county ordinances and policies.

By the way, my county (Sonoma) has a rack full of handouts in the Planning Dept.office to advise owners and developers on all aspects of local rules including local implementation of the Subdivision Map Act. You'll probably find a similar offering at your county or regional planning office, which could be helpful in understanding the policies now being invoked against you.

Finally, you are not alone. There is a constant tension in this country between land owners and public agencies over the stripping away and whittling down of private property rights without compensation. Many Americans including myself have bought land under one set of regulations, only to find when it's time to put the land to use that the regulations have been tightened.