Unmerger of recently merged parcels No perfecting deeds recorded
I have been advised of a situation where a property owner of two parcels was required to merge his parcels due to utility lines crossing the parcel line, The local agency required this merger as part of the owners improvement of a building on ONE of the parcels. After filing a merger (but no perfecting deeds), it was discovered that the utility lines did NOT cross the parcel line and the City GIS was incorrect. (as was the utility location service) The property owner wishes to “unmerge” these two parcels as he has a buyer who wants the vacant parcel.
Section 66451.30 – 66451.33 cover “unmergers”, however, I am not sure if this circumstance fits within that law ?? As City contract Surveyor I am asked to provide a determination as to grant him the “unmerger” or make him do a Parcel Map. Since they guy got bad information from the city, I am compelled to grant the “unmerger”, however, that is ONLY if the criteria fits the statute or a statute.
I’m interested to hear from anyone who’s had experience with this.
Thank you very much
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