MapsFinal Maps
Section § 66433
The rules and guidelines for creating final maps are detailed in this part of the law.
Section § 66434
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.
Section § 66434.1
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.
Section § 66434.2
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.
Section § 66434.5
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.
Section § 66435
Section § 66435.1
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.
Section § 66435.2
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.
Section § 66436
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.
Section § 66439
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.
Section § 66440
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.
Section § 66441
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.
Section § 66442
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.
Section § 66442.5
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.
Section § 66443
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.