Santa Barbara County Municipal Code Ch. 21A Adjustment of Survey Discrepancies

This chapter shall be known as the "adjustment of survey discrepancies ordinance of the County of Santa Barbara." The purpose of this chapter is to provide to adjacent real property owners of parcels, whose boundaries of occupation arising from reliance on a previous government survey are not in agreement with currently filed maps or monumented surveys, a means to establish by mutual agreement their property boundaries and allows an alternative to the need for a lot line adjustment, if necessary, by recordation of a boundary agreement and supporting record of survey. It is the intent of this chapter to provide a voluntary mechanism for property owners to comply with any legal requirements for proper real property boundary descriptions in areas in which former surveys, current surveys and boundaries of occupation are not in conformity.

(Ord. No. 3950, § 1)

This chapter shall apply to any area where a field survey has determined that record title interest in real property or occupation of real property is not in conformity with the most recent government survey. The county surveyor shall determine those areas in which this chapter shall be applicable and such areas shall be designated by resolution of the board. When application of this chapter is based upon occupation of real property, such occupation must be based upon reliance on a prior government survey.

(Ord. No. 3950, § 1)

Chapter 21 of the santa barbara county code shall not apply to any boundary adjustment which involves only those matters addressed in this chapter. an adjustment of boundary lines under chapter 21a shall be deemed to be the functional equivalent of a lot line adjustment under chapter 21 for purposes of exemption from the subdivision map act and related law and regulation.

(Ord. No. 3950, § 1)

Any real property owner who desires to resolve such boundary discrepancies for a parcel may do so by preparing a record of survey and entering into a boundary agreement with all neighboring landowners as to the correctness of such record of survey. For purposes of this chapter the term "all neighboring landowners" shall mean all record title interest holders of properties which share the common boundary or corner affected by the boundary agreement in question and all record title interest holders who hold a dominant easement affected by the boundary agreement in question.

(Ord. No. 3950, § 1)

The boundary agreement and record of survey must be approved by the county surveyor prior to recording. The approval of the county surveyor shall be contingent upon a finding that the agreement and record of survey are in substantial conformance with all applicable aspects of law and surveying procedure. The board of supervisors may by resolution from time to time set an appropriate fee for such review by county officials.

(Ord. No. 3950, § 1)

Following survey approval by the county surveyor, the landowner shall cause the agreement and record of survey to be recorded and shall pay all applicable recordation fees.

(Ord. No. 3950, § 1)

If a property is within an area of survey discrepancy, the county surveyor's determination that a property boundary has been properly established under this chapter may be satisfied by a boundary agreement and supporting record of survey or upon a judicial decree. If a record of survey is submitted without a boundary agreement for a property within an area of survey discrepancy, the county surveyor shall provide abutting property owners with written notification of the survey and shall include a note on the map stating that:

"This property is within an Area of Survey Discrepancy, as determined by the provisions of chapter 21A of the Santa Barbara County Code, and the boundaries thereof may be subject to legal challenge from neighboring property owners."

(Ord. No. 3950, § 1)

Any application for approval of a boundary agreement under this chapter must include certification that all neighboring landowners, all dominant tenement holders, all holders of record interest for all affected properties have been given written notice of the application for approval of the boundary agreement. Such certification shall include the names and addresses of those persons so notified. Affected property is any property which is or may be materially affected in its use, value, boundary, easement, by the proposed new boundaries.

(Ord. No. 3950, § 1)

A decision by the county surveyor may be appealed in writing by any affected property owner to the board of supervisors within thirty days of written notice of the surveyor's decision.

(Ord. No. 3950, § 1)