Legal Question in Real Estate Law in California
Subdividing Acreage that is split by County Flood Canal
In 2002, we purchased a 9.1 acre lot that had a fenced County Flood canal (0.9 ac) deeded though it in 1977. It has 2 Tax IDs but one deed and legal description. I would like to sell the southern parcel since its totally separate and inaccessable from the one on the north side of the canal.
I submitted for a Certificate of Compliance in order to have them separately deeded, but was denied by the County saying that this is not the proper procedure since the COC only certifies that a subdivision was in compliance with the Subdivision Map Act. I was told by the clerk and the Ombuds service that the COC is the best and fastest way to grandfather the subdivision and that if approved, a new deed for each parcel would be filed.
Is there an appeal process (if I'm on the right track) or is there a better way to approach subdividing these parcels?
1 Answer from Attorneys
Re: Subdividing Acreage that is split by County Flood Canal
Your parcels may not qualify for a certificate of compliance. I had a similar situation (several decades ago) where two large acreage parcels were separated only by a 60-foot railroad right-of-way (fee ownership in the railroad company). After some research I came to the conclusion that, although the parcels seemed separate for all practical purposes, the county could, under the amended subdivision map act, disregard the road, railroad, canal or whatever and treat the parcels as one.
So, perhaps what the County is telling you is that applying for an administrative certificate of compliance will be unsuccessful, and that you need to go through a formal lot-split process.
In any case, don't give up; go back to the county and get a clearer explanation from someone higher up in the bureaucracy. Or, hire a local attorney with local land-development experience.
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