A California landowner divides a 10-acre parcel into six lots and sells two of them without first recording the map the Subdivision Map Act requires. Under the Map Act, what are the consequences of those sales?
Correct Answer
B) The landowner is guilty of a misdemeanor, and the city or county may sue to enjoin the violation
Selling lots in a subdivision before the required map is recorded violates the Subdivision Map Act, and a division into five or more parcels calls for a tentative and final (tract) map under Government Code 66426. The violation is a misdemeanor under Government Code 66499.31, and Government Code 66499.33 lets the local agency, another public agency, or any aggrieved person file suit in superior court to restrain or enjoin the sale. The conveyance is not wiped out automatically: under Government Code 66499.32 a deed made in violation of the Map Act is voidable at the sole option of the grantee or buyer, who has one year after discovering the violation to act. So the remedies the public agency itself holds are the criminal charge and the injunction.
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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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