Legal Question in Real Estate Law in California

Re: Subdivision Map Act

Do you mean that the years-ago subdivision was in violation of the then-existing SMA at the time it was done, or would violate the SMA as the SMA now reads? That makes a big difference. If the former, the purported subdivision is likely to be void and would not be recognized by a permit-issuing agency or a title insurer. If the subdivision was legal at the time it was created, and there has been no merger subsequently, the old subdivision MAY be entitled to current recognition as 'grandfathered' -- in which case it may be a good idea to apply for administrative certificates of compliance, which when issued tend to resolve the question in favor of legality.

There are many 'ins and outs' in the world of legal land subdividing, and anyone considering a transaction involving questionable parcels should obtain a clean bill of health through obtaining ACC's, title insurance and/or a thorough title search accompanied by opinion of local real estate counsel.