Merged?

falcon
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Joined: Fri May 05, 2017 6:26 am

Merged?

Postby falcon » Thu Aug 15, 2019 10:59 am

In your opinion, if CalTrans bought multiple parcels, built the freeway, then deeded those multiple parcels to one person, did that merge the lots? In my opinion, no, because of 66451.10 (The local agency does not have a merger ordinance).

Now, would your opinion change if by virtue of the freeway and it's related parts, they cut off access to one of those parcels?

I still lean towards still no, but I also lean towards mergers requiring some sort of positive action on the part of the owner.

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Ian Wilson
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Location: Bay Area

Re: Merged?

Postby Ian Wilson » Thu Aug 15, 2019 1:46 pm

It depends on how the lots were created and the history since. If they were created by a 1915 map and sold as a block, them may still be considered as a single parcel. [WITT HOME RANCH, INC. v. COUNTY OF SONOMA, 165 Cal.App.4th 543 (2008), GARDNER v. COUNTY OF SONOMA, 129 Cal.Rptr.2d 869 (2003), 29 Cal.4th 990 62 P.3d 103]

All in all, barring anything like above, the parcels, if individual prior to Caltrans acquisition, are likely still individual parcels.
Ian Wilson, P.L.S. (CA / NV / CO)
Alameda County Surveyor

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dedkad
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Re: Merged?

Postby dedkad » Mon Aug 19, 2019 11:35 am

I've always sided with Mike Durkee's philosophy on this sort of thing. Use the "Big Eye" (the General Plan, Specific Plan and local ordinances) to control development rather than arguing over whether you have one lot or two. When in doubt, I would typically favor the applicant regarding the number of lots. Sure you have three lots and here's your Certificate of Compliance. Good luck building on them. Course if I worked in a jurisdiction where development lawsuits were prevalent, then maybe I would take a different stance.

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Mr. Smith
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Location: Montague CA
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Re: Merged?

Postby Mr. Smith » Mon Aug 19, 2019 1:37 pm

I would say they are sole and separate pieces/parts of land (not merged unless it
is in writing per California Civil Code 1093)

Recommend a CC and Boundary Line Adjustment if possible.

Brian


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