Can a Quitclaim Deed Be Recorded Without Obtaining a Lot Line Adjustment?

A quitclaim deed can be recorded without obtaining a lot line adjustment, but the recording of the deed does not necessarily address or resolve any issues related to the boundaries of the property.   Therefore, if you and your neighbor disagree about the property line and the resolution is that your neighbor will give you a quitclaim deed to the disputed area, recording that quitclaim deed does not change any lot line boundaries.  In order to change the lot line boundaries, a lot line adjustment must be done and is a separate process that involves the reconfiguration of property boundaries and must be approved by the local agency to ensure compliance with local zoning and building ordinances. (San Dieguito Partnership v. City of San Diego, 7 Cal.App.4th 748 (1992).)

The recording of a quitclaim deed transfers whatever interest the grantor has in the property at the time of execution, but it does not guarantee clear title or address boundary issues. (City of Manhattan Beach v. Superior Court, 13 Cal.4th 232 (1996).) Therefore, if the purpose of the quitclaim deed is to adjust property boundaries, a lot line adjustment would still be required to legally reconfigure the parcels and ensure compliance with local regulations.  (Sierra Club v. Napa County Bd. of Supervisors, 205 Cal.App.4th 162 (2012).)

Where a lot line adjustment must be approved by the local agency, the adjustment must be reflected in a deed, which shall be recorded. (San Dieguito Partnership v. City of San Diego, 7 Cal.App.4th 748 (1992); (West's Ann.Cal.Gov.Code § 66412).)  It is recommended that a licensed surveyor perform a survey of the lot boundary in question and provide the new legal description for the new deed reflecting the area that was added to your property.  The local agency's review is limited to determining whether the resulting parcels conform to local zoning and building ordinances, and no tentative map, parcel map, or final map is required for the approval of a lot line adjustment. (San Dieguito Partnership v. City of San Diego, 7 Cal.App.4th 748 (1992);West's Ann.Cal.Gov.Code § 66412).)

Changing property boundaries can be complex and nuanced, and require careful analysis. Property owners should consult with counsel experienced with boundary adjustments when they are facing a situation of changing the boundary line of their property. If you have questions or would like a consultation regarding your property boundary please contact our office at nathaly@blakelawca.com or call our office at (858) 232-1290 during our business hours of Mon-Fri 8:30 am to 5:00 PST.