A California landowner divides a 10-acre parcel into six lots and sells two lots to buyers without first recording the required subdivision map under the Subdivision Map Act. Under California Government Code §66499.30, what are the legal consequences?
Correct Answer
B) The landowner is guilty of a misdemeanor, and the city or county may bring an action for injunctive relief to void the sales
Under California Government Code §66499.30, selling lots in a subdivision without first recording the required map (a tract map for five or more lots) is a violation of the Subdivision Map Act. The violation is a misdemeanor, and the local government may seek injunctive relief. California courts have held that conveyances in violation of the Map Act may be voided. For six lots, a tract map (not a parcel map) would be required under Government Code §66426.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A planned unit development (PUD) is a zoning classification that allows mixed land uses (residential, commercial, recreational) within a single development with flexible zoning standards. Homeowners typically own their lot and share common areas.
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.
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