Oakland Property Owner Gets Green Light on 19th-Century Parcel

Fights over subdivided parcels from the 19^th Century may seem a bit arcane. But they are likely to become more common in the years ahead as California property owners try to find ways to create more buildable parcels for new housing – especially after a recent ruling from Oakland. A property owner in Oakland has won a court victory declaring that a parcel first depicted on a map in the 1850s is a legal parcel – even though the city claimed it had been merged with other parcels as the result of several conveyances of the property through a single deed. It’s the first major “antiquated subdivision” ruling in almost 20 years. The case involves the property owner’s attempt to establish that an 8,800-square-foot single-family lot in the San Antonio neighborhood of Oakland – which currently has a single-family home first built in 1895 – is actually several lots because the original parcel map was filed prior to the Subdivision Map Act’s passage and the lots existed prior to later Map Act amendments. The property in question is located on East 21^st St. in Oakland, east of Lake Merritt. The existing home has a large yard, so most likely the property owner is seeking to essentially split the lot to allow additional development.

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