Section § 66433

Explanation

The rules and guidelines for creating final maps are detailed in this part of the law.

The content and form of final maps shall be governed by the provisions of this article.

Section § 66434

Explanation

This law outlines specific requirements for creating a final map in California. The map must be crafted by a registered civil engineer or licensed land surveyor and must meet several detailed criteria. The map must be durable, clear, and drawn on specific-sized sheets, with each parcel numbered and the streets named. It should include all necessary survey data, and clearly mark exterior subdivision boundaries without including designated remainder parcels unless referenced by deed.

Public streets and easements must be accurately marked, and those not shown are abandoned unless noted otherwise. Any proposed abandonment of a public easement requires notice to affected entities. This law ensures clarity and accuracy in the documentation of land subdivisions, supporting transparent property records.

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a survey, and shall conform to all of the following provisions:
(a)CA Government Code § 66434(a) It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.
(b)CA Government Code § 66434(b) The size of each sheet shall be 18 by 26 inches or 460 by 660 millimeters. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch or 025 millimeters. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.
(c)CA Government Code § 66434(c) All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing on the map shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and any information that may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.
(d)CA Government Code § 66434(d) Each parcel shall be numbered or lettered and each block may be numbered or lettered. Each street shall be named or otherwise designated. The subdivision number shall be shown together with the description of the real property being subdivided.
(e)Copy CA Government Code § 66434(e)
(1)Copy CA Government Code § 66434(e)(1) The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The exterior boundary of the land included within the subdivision shall not include a designated remainder or omitted parcel that is designated or omitted under Section 66424.6. The designated remainder or omitted parcel shall be labeled as a designated remainder parcel or omitted parcel. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.
(2)CA Government Code § 66434(e)(2) If the map includes a “designated remainder” parcel, and the gross area of the “designated remainder” parcel or similar parcel is five acres or more, that remainder parcel need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder parcel.
(3)CA Government Code § 66434(e)(3) A parcel designated as “not a part” shall be deemed to be a “designated remainder” for purposes of this section.
(f)CA Government Code § 66434(f) On and after January 1, 1987, no additional requirements shall be included that do not affect record title interests. However, the map shall contain a notation or reference to additional information required by a local ordinance adopted pursuant to Section 66434.2.
(g)CA Government Code § 66434(g) Any public streets or public easements to be left in effect after the subdivision shall be adequately delineated on the map. The filing of the final map shall constitute abandonment of all public streets and public easements not shown on the map, provided that a written notation of each abandonment is listed by reference to the recording data or other official record creating these public streets or public easements and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map. Before a public easement vested in another public entity may be abandoned pursuant to this section, that public entity shall receive notice of the proposed abandonment. No public easement vested in another public entity shall be abandoned pursuant to this section if that public entity objects to the proposed abandonment.

Section § 66434.1

Explanation

This law states that if there is a development lien on a property as per certain Education Code rules, a notice must be added to the final property map. This notice should reference the official recording of the lien and explain that each subdivided parcel is responsible for a share of the lien based on its size.

In the event that an owner’s development lien has been created pursuant to the provisions of Article 2.5 (commencing with Section 17430) of Chapter 4 of Part 10.5 of the Education Code on the real property or portion thereof subject to the final map, a notice shall be placed on the face of the final map specifically referencing the recording instrument number or the book and page in the county recorder’s office in which the resolution creating the owner’s development lien was recorded. The notice shall state that the property subdivided is subject to an owner’s development lien and that each parcel created by the recordation of the final map shall be subject to a prorated amount of the owner’s development lien on a per acre or portion thereof basis.

Section § 66434.2

Explanation

This law allows cities or counties in California to require extra information to be filed with final or parcel maps starting from January 1, 1987. This extra information must be a separate document or an additional map sheet. It should clearly state it is for informational purposes only and doesn't affect the record title interest.

The information might include details like building setback lines, flood hazard zones, seismic and geologic information, and archaeological sites, among others. This data may come from public records, but the accuracy or completeness of those records is not guaranteed by the document preparer.

(a)CA Government Code § 66434.2(a) On or after January 1, 1987, a city or county may, by ordinance, require additional information to be filed or recorded simultaneously with a final or parcel map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final or parcel map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet.
(b)CA Government Code § 66434.2(b) Additional survey and map information may include, but need not be limited to: building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, and archaeological sites.

Section § 66434.5

Explanation

If a soils or geologic report is created for a subdivision, the city or county must keep these reports available for the public to view.

When a soils report, geologic report, or soils and geologic report has been prepared specifically for the subdivision, each report shall be kept on file for public inspection by the city or county having jurisdiction.

Section § 66435

Explanation
Before you file a final map, make sure it includes all the necessary certificates, statements, and acknowledgments, which can be combined if it makes sense to do so.
Prior to filing, those certificates, statements, and acknowledgments set forth in this article shall appear on the final map and may be combined where appropriate.

Section § 66435.1

Explanation

This law allows local agencies to ask for additional documents, like certificates or statements, to be submitted and recorded at the same time as a final map. These documents are separate from, but filed at the same time as, the final map.

Notwithstanding any other provision of this article, local agencies may require that those certificates, statements, and acknowledgments required by Sections 66436 and 66443, be made by separate instrument to be recorded concurrently with the final map being filed for record.

Section § 66435.2

Explanation

When a certificate, statement, or acknowledgment is created as a separate document, the final map must include a reference to this document. This reference should be added by the county recorder as outlined in the relevant procedure.

Whenever a certificate, statement, or acknowledgment is made by separate instrument, there shall appear on the final map a reference to the separately recorded document. This reference shall be completed by the county recorder pursuant to Section 66468.1.

Section § 66436

Explanation

This law section is about final maps for subdivided real property in California. Before a final map can be recorded, usually all parties with a record title interest must sign it. However, there are exceptions, mainly involving liens, certain easements, or interests like rights-of-way and mineral rights. In some cases, the signature can be omitted, especially if it's not practical to obtain or if certain conditions are met.

If a public entity or utility holds an easement and believes the subdivision will interfere with their use, they must inform the relevant authorities within 30 days. A hearing may be set, and if the interference is deemed unreasonable, conditions will be created to address it.

There are no fees for signing or objection processes, and no liabilities arise from the legal omission of signatures. A notary can complete the acknowledgment for recording without their seal as long as their details are typed next to or below their signature.

(a)CA Government Code § 66436(a) A statement, signed and acknowledged by all parties having any record title interest in the subdivided real property, consenting to the preparation and recordation of the final map is required, except in the following circumstances:
(1)CA Government Code § 66436(a)(1) A lien for state, county, municipal, or local taxes or special assessments, a trust interest under bond indentures, or mechanics’ liens do not constitute a record title interest in land for the purpose of this chapter or any local ordinance.
(2)CA Government Code § 66436(a)(2) The signature of either the holder of beneficial interests under trust deeds or the trustee under the trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.
(3)CA Government Code § 66436(a)(3) Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map:
(A)Copy CA Government Code § 66436(a)(3)(A)
(i)Copy CA Government Code § 66436(a)(3)(A)(i) Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public entity, public utility, or subsidiary of a public utility for conveyance to the public utility for rights-of-way. If, however, the legislative body or advisory agency determines that division and development of the property in the manner set forth on the approved or conditionally approved tentative map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement, the signature of the public entity or public utility may be omitted. Where that determination is made, the subdivider shall send, by certified mail, a sketch of the proposed final map, together with a copy of this section, to any public entity or public utility which has previously acquired a right-of-way or easement.
(ii)CA Government Code § 66436(a)(3)(A)(i)(ii) If the public entity or utility objects to either recording the final map without its signature or the determination of the legislative body or advisory agency that the division and development of the property will not unreasonably interfere with the full and complete exercise of its right-of-way or easement, it shall so notify the subdivider and the legislative body or advisory agency within 30 days after receipt of the materials from the subdivider.
(iii)CA Government Code § 66436(a)(3)(A)(i)(iii) If the public entity or utility objects to recording the final map without its signature, the public entity or utility so objecting may affix its signature to the final map within 30 days of filing its objection with the legislative body or advisory agency.
(iv)CA Government Code § 66436(a)(3)(A)(i)(iv) If the public entity or utility either does not file an objection with the legislative body or advisory agency or fails to affix its signature within 30 days of filing its objection to recording the map without its signature, the local agency may record the final map without the signature.
(v)CA Government Code § 66436(a)(3)(A)(i)(v) If the public entity or utility files an objection to the determination of the legislative body or advisory agency that the division and development of the property will not unreasonably interfere with the exercise of its right-of-way or easement, the legislative body or advisory agency shall set the matter for public hearing to be held not less than 10 nor more than 30 days of receipt of the objection. At the hearing, the public entity or public utility shall present evidence in support of its position that the division and development of the property will unreasonably interfere with the free and complete exercise of the objector’s right-of-way or easement.
(vi)CA Government Code § 66436(a)(3)(A)(i)(vi) If the legislative body or advisory agency finds, following the hearing, that the development and division will in fact unreasonably interfere with the free and complete exercise of the objector’s right-of-way or easement, it shall set forth those conditions whereby the unreasonable interference will be eliminated and upon compliance with those conditions by the subdivider, the final map may be recorded with or without the signature of the objector. If the legislative body or advisory agency finds that the development and division will in fact not unreasonably interfere with the free and complete exercise of the objector’s right-of-way or easement, the final map may be recorded without the signature of the objector, notwithstanding the objections.
(vii)CA Government Code § 66436(a)(3)(A)(i)(vii) Failure of the public entity or public utility to file an objection pursuant to this section shall in no way affect its rights under a right-of-way or easement.
(viii)CA Government Code § 66436(a)(3)(A)(i)(viii) No fee shall be charged by a public entity, public utility, subsidiary of a public utility, or objector for signing, omitting a signature, or objecting pursuant to this section.
(B)CA Government Code § 66436(a)(3)(B) Rights-of-way, easements, or reversions, which by reason of changed conditions, long disuse, or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map.
(C)CA Government Code § 66436(a)(3)(C) Interests in, or rights to, minerals, including but not limited to, oil, gas, or other hydrocarbon substances.
(4)CA Government Code § 66436(a)(4) Real property originally patented by the United States or by the State of California, which original patent reserved interest to either or both of those entities, may be included in the final map without the consent of the United States or the State of California to the map or to dedications made by it.
(b)CA Government Code § 66436(b) No monetary liability shall be incurred by, and no cause of action shall arise against, a local agency, a party, the subdivider, the subdivider’s agent, or the engineer or land surveyor who prepared the map, on account of the omission of any signature, which omission is authorized by this section.
(c)CA Government Code § 66436(c) A notary acknowledgment shall be deemed complete for recording without the official seal of the notary, so long as the name of the notary, the county of the notary’s principal place of business, and the notary’s commission expiration date are typed or printed below or immediately adjacent to the notary’s signature in the acknowledgment.

Section § 66439

Explanation

This law is about the dedication of real property for public use when a parcel of land is divided. It requires that any dedication or offer to dedicate property interests be formally stated on the final map of the subdivision. This statement must be signed by interested parties.

If a street in the subdivision is not meant for public dedication, it must be specifically stated, and public use of the street will be allowed only with permission. Offers to dedicate land for streets or utilities do not automatically include existing utility facilities unless explicitly stated.

If a dedication is required, the local agency must clarify whether it's a full transfer of ownership (in fee) or just a usage right (easement). The map or separate document must then clearly state this with a suitable property description to transfer the appropriate rights.

(a)CA Government Code § 66439(a) Dedications of, or offers to dedicate interests in, real property for specified public purposes shall be made by a statement on the final map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of Section 66436.
(b)CA Government Code § 66439(b) In the event any street shown on a final map is not offered for dedication, the statement may contain a declaration to this effect. If the statement appears on the final map and if the map is approved by the legislative body, the use of the street or streets by the public shall be permissive only.
(c)CA Government Code § 66439(c) An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under the real property unless, and only to the extent that, an intent to dedicate the facilities is expressly declared in the statement.
(d)Copy CA Government Code § 66439(d)
(1)Copy CA Government Code § 66439(d)(1) If a subdivider is required under this division or any other provision of law to make a dedication for specified public purposes on a final map, the local agency shall specify whether the dedication is to be in fee for public purposes or an easement for public purposes.
(2)CA Government Code § 66439(d)(2) If the dedication is required to be in fee for public purposes, the subdivider shall include the following language in the dedication clause on the final map or any separate instrument: “The real property described below is dedicated in fee for public purposes: (here insert a description of the dedicated property that is adequate to convey the property).”
(3)CA Government Code § 66439(d)(3) If the dedication is required to be an easement for public purposes, the subdivider shall include the following language in the dedication clause on the final map or any separate instrument: “The real property described below is dedicated as an easement for public purposes: (here insert a description of the easement that is adequate to convey the dedicated property).”

Section § 66440

Explanation

This law requires that a final map includes a certificate or statement from the clerk of each legislative body that has approved the map. This statement must indicate whether the body approved, conditionally approved, or rejected any property offered for dedication to the public.

The final map shall contain a certificate or statement for execution by the clerk of each approving legislative body stating that the body approved the map and accepted, accepted subject to improvement, or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

Section § 66441

Explanation

This law requires the engineer or surveyor who conducted a survey and created a final map to provide a statement. They must include the date, confirm it was conducted by them or under their supervision, and affirm that the survey is accurate and complete.

They also need to confirm that all markers (called monuments) are in place or will be set by a specified date, and are adequate to allow the survey to be easily followed again.

A statement by the engineer or surveyor responsible for the survey and final map is required. His or her statement shall give the date of the survey, state that the survey and final map were made by him or her or under his or her direction, and that the survey is true and complete as shown.
The statement shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in those positions on or before a specified later date. The statement shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

Section § 66442

Explanation

This law details the certification process required for final subdivision maps. If a subdivision is in an unincorporated area, the county surveyor must certify it. If it's within a city, the city engineer or surveyor must handle this. They need to ensure that the map examined matches the tentative version and complies with all current laws and local rules. They also need to confirm the map's technical accuracy. Engineers registered after January 1, 1982, can certify only certain aspects, while those registered before that date or qualified land surveyors handle the technical correctness. The relevant certifications must be filed with the legislative body within 20 days after the final map. Definitions of terms like "certificate" follow specific sections of the Business and Professions Code.

(a)CA Government Code § 66442(a) If a subdivision for which a final map is required lies within an unincorporated area, a certificate or statement by the county surveyor is required. If a subdivision lies within a city, a certificate or statement by the city engineer or city surveyor is required. The appropriate official shall sign, date, and, below or immediately adjacent to the signature, indicate his or her registration or license number and the stamp of his or her seal, state that:
(1)CA Government Code § 66442(a)(1) He or she has examined the map.
(2)CA Government Code § 66442(a)(2) The subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof.
(3)CA Government Code § 66442(a)(3) All provisions of this chapter and of any local ordinances applicable at the time of approval of the tentative map have been complied with.
(4)CA Government Code § 66442(a)(4) He or she is satisfied that the map is technically correct.
(b)CA Government Code § 66442(b) City or county engineers registered as civil engineers after January 1, 1982, shall only be qualified to certify the statements of paragraphs (1), (2), and (3) of subdivision (a). The statement specified in paragraph (4) shall only be certified by a person authorized to practice land surveying pursuant to the Professional Land Surveyors’ Act (Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code) or a person registered as a civil engineer prior to January 1, 1982, pursuant to the Professional Engineers’ Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code). The county surveyor, the city surveyor, or the city engineer, as the case may be, or other public official or employee qualified and authorized to perform the functions of one of those officials, shall complete and file with his or her legislative body his or her certificate or statement, as required by this section, within 20 days from the time the final map is submitted to him or her by the subdivider for approval.
(c)CA Government Code § 66442(c) As used in this section, “certificate,” “certify,” and “certified” shall have the same meaning as provided in Sections 6735.5 and 8770.6 of the Business and Professions Code.

Section § 66442.5

Explanation

This law section specifies the statements required on a final map when a subdivision is recorded. First, there's an Engineer's or Surveyor's statement that must confirm the map was made under their direction following legal and local standards, mentioning any necessary fieldwork and monument locations. The map must match the approved preliminary map. Second, a Recorder’s certificate or statement confirms the map's filing details, including date and time, and who requested the filing.

The following statements shall appear on a final map:
Engineer’s or Surveyor’s statement:
This map was prepared by me or under my direction and is based upon a field survey in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) on (date). I hereby state that all the monuments are of the character and occupy the positions indicated or that they will be set in those positions before (date), and that the monuments are, or will be, sufficient to enable the survey to be retraced, and that this final map substantially conforms to the conditionally approved tentative map.
(Signed)
(Date Signed) _____
L.S. or R.C.E. No.
(Seal)
Recorder’s certificate or statement.
Filed this ___ day of ____, 20__, at ____m. in Book ____ of ____, at page ____, at the request of ________.
Signed
_____
County Recorder

Section § 66443

Explanation

This law section says that final maps, in addition to having the necessary certificates and acknowledgments mentioned, must also include any other certificates and acknowledgments that local laws might require.

In addition to the certificates, statements, and acknowledgments required herein for final maps, the maps shall contain other certificates and acknowledgments as are required by local ordinance.