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Appeals › Real Estate Development › Subdivision

Perkins Coie

Pre-1972 Conveyance of Multiple Lots Did Not Create Separate Legal Parcels Under Map Act

Perkins Coie on

Under the Subdivision Map Act, the creation of legal parcels prior to 1972 requires more than a deed referencing multiple lots—only a conveyance that separates a portion of land from contiguous property creates a new legal...more

Perkins Coie

Lot Created on 1869 Map and Conveyed With Fewer Than Four Other Lots Was Lawfully Subdivided

Perkins Coie on

The First District Court of Appeal held that a single deed conveying four or fewer contiguous lots can qualify for a presumption of legality under section 66412.6(a) of the Subdivision Map Act so long as the lots are...more

Farrell Fritz, P.C.

Appellate Court Rejects Claims That Sought To Overturn A Five-Lot Subdivision For Community Solar Projects

Farrell Fritz, P.C. on

A recent decision from the Appellate Division, Third Department, concerned an unsuccessful challenge to a subdivision approval for five separate community solar projects.   First – a little background information. ...more

Farrell Fritz, P.C.

Appellate Division Rules Town of Clarkson Code Provision Restricting Building Permits until Subdivision Infrastructure is Built,...

Farrell Fritz, P.C. on

New York State Town Law § 277(9) authorizes a town Planning Board, to require a developer to provide a performance bond or other security covering the cost of installation of subdivision infrastructure and improvements in...more

Goulston & Storrs PC

Massachusetts Appeals Court Clarifies When Restrictive Covenants May Extend Beyond Thirty Years

Goulston & Storrs PC on

In Berger, et al. v. 2 Wyndcliff, LLC, et al., No. 16-P-336 (Mass. Appeals Court, Dec. 5, 2017), a group of homeowners in a subdivision subject to an agreement limiting construction on their lots to one single-family dwelling...more

Perkins Coie

Risks to Open Space Designated in General Plan’s Open Space Element a Valid Ground for Denying Application to Subdivide a...

Perkins Coie on

A city may deny a proposed mobilehome park subdivision that is inconsistent with the open space element of its general plan, according to the recent court of appeal decision in Carson Harbor Village, Ltd. v. City of Carson,...more

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