(A) Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of this title is voidable at the sole option of the grantee, buyer or person contracting to purchase, his or her heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation of the provisions of said sections, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his or her assignee, heir or devisee.
(B) Any grantee, or his or her successor in interest of real property which has been divided, or which has resulted from a division, in violation of the provisions of the title, may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages he or she has suffered by reason of such division of property. The action may be brought against any successors in interest who have actual or constructive knowledge of such division of property.
(C) The provisions of this section shall not apply to the conveyance of real property identified in a certificate of compliance, filed pursuant to Subdivision Map Act, Cal. Gov’t Code § 66499.35 or identified in a recorded final map or parcel map, from and after the date of recording. The provisions of this section shall not limit or affect in any way the rights of a grantee or his or her successor in interest under any other provision of law.
(Ord. 295, passed 2-4-1986)