Cal. Codes » Government Code / TITLE 7. PLANNING AND LAND USE / DIVISION 2. SUBDIVISIONS / CHAPTER 7. Enforcement and Judicial Review / ARTICLE 2. Remedies
California Codes

Cal. Government Code § 66499.32 (2026)

Remedies — Enforcement and Judicial Review

✓ current as of May 2026
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(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 the provisions of this division, or of the provisions of local ordinances enacted pursuant to this division, is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation of the provisions of this division or of local ordinances enacted pursuant to the provisions of this division, 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 assignee, heir or devisee.

(b)Any grantee, or his successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this division or of local ordinances enacted pursuant thereto, may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages he has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation of the provisions of this division or of local ordinances enacted pursuant thereto and against any successors in interest who have actual or constructive knowledge of such division of property.

The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Section 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 successor in interest under any other provision of law.

Notes of Decisions
Cited in 4 cases, 1994–2014 · leading case: Drake v. Martin, 30 Cal. App. 4th 984 (Cal. Ct. App. 1994).
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Drake v. Martin, 30 Cal. App. 4th 984 (Cal. Ct. App. 1994). · cites it 2× “” (Gov. Code, § 66499.32, subd. (a).) The remedy of any “grantee, or his successor in interest, of real property” which has been divided in violation of the Subdivided Maps Act is an action for damages suffered as a result of the violation which must be brought within one year…”
Swiss Bank Corp. v. Van Ness Assocs., Ltd. (In Re Van Ness Assocs., Ltd.), 173 B.R. 661 (Bankr. N.D. Cal. 1994). “The major requirement of the SMA is that a map of any subdivision of a parcel be approved by an appropriate local agency before the parcels are divided.”
Desmet v. Martindale CA2/3 (Cal. Ct. App. 2014). · cites it 2× “(Gov. Code, § 66499.32, subd. (b).) The additional remedy of injunctive relief is available to enjoin any attempted or proposed subdivision that does not comply with the Subdivision Map Act or local ordinances.”
SunCal La Quinta v. Eston CA4/3 (Cal. Ct. App. 2014). “” But if and when the releases occur, and no final or parcel map is filed at that time in compliance with the SMA, Government Code section 66499.32, subdivision (a) gives plaintiff the option of voiding the agreement.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.