A California developer wants to sell individual lots in a new housing subdivision. The developer has obtained tentative map approval from the city planning commission. A buyer wants to purchase Lot 5 immediately. Under the Subdivision Map Act, can the developer legally sell the lot now?
Correct Answer
C) No, the developer must wait until the final map is approved and recorded before selling any lots
Under California Government Code §66499.30, it is unlawful to sell, lease, or finance any parcel of a subdivision until the final map (or parcel map) has been approved by the governing body and recorded with the county recorder. A tentative map approval is only the first step in the process and does not authorize the sale of lots.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An easement by prescription is acquired through continuous, open, notorious, hostile, and uninterrupted use of another's land for a statutory period. It is similar to adverse possession but grants use rights, not ownership.
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
An encroachment occurs when a building, structure, or improvement illegally extends onto another person's property or beyond a setback line. It is a physical intrusion, not a right to use the land.
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