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Old Oakland “lot” is not a legal parcel

Updated: Jan 14

Landowners are increasingly trying to find easy ways to split big lots into smaller pieces in order to build more housing. But one property owner in Oakland won’t be able to do that. That’s because the California Supreme Court has reversed a lower court ruling and said that even though a parcel was created in the 19th Century, it’s not a legal parcel under the Subdivision Map Act. 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 21st 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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