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Property Ownership Land Use ControlsLegal_descriptionsMEDIUM

A California title company discovers that a property's chain of title contains a 1965 metes and bounds description and a 1990 lot and block description created when the area was subdivided under the Subdivision Map Act. Both descriptions refer to the same parcel. Which description should a title company use for future transactions?

Correct Answer

B) The 1990 lot and block description referencing the recorded tract map

When a property has been incorporated into a recorded subdivision under the Subdivision Map Act (Government Code §66410 et seq.), the lot and block description referencing the recorded tract map becomes the preferred legal description for future conveyances. The tract map is reviewed and approved by the local governing body, recorded with the county recorder, and establishes precise, standardized boundaries for each lot. California title companies adopt the lot and block reference because it is the most current, authoritative, and easily verifiable description in the public record.

Answer Options
A
The 1965 metes and bounds description, because the original description in the chain of title takes priority over later references
B
The 1990 lot and block description referencing the recorded tract map
C
Whichever description the grantor selects, provided it is used consistently in all future deeds
D
The metes and bounds description must be used until the county surveyor formally retires it

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Related Topics & Key Terms

Key Terms:

legal_descriptionlot_and_blockmetes_and_boundschain_of_titlesubdivisionSubdivision_Map_Act

Related Concepts

Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.

Restrictive covenants, also known as CC&Rs (Covenants, Conditions & Restrictions), are private agreements written into deeds or HOA documents that limit how property can be used. They are enforced by property owners, not the government.

Setback requirements are zoning regulations that specify the minimum distance a building or structure must be set back from property lines, streets, or other boundaries. They ensure adequate light, air, and space between structures.

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