when trying to subdivide a property do you need a land use attorney or surveyor

by Leonora Trantow 10 min read

Do you need a lawyer to survey a property?

Summary: Cost to Subdivide Your Land Local fees will cost between $500 and $1,500 to split a property into two. It will cost $2,000 to $10,000 for more than two lots. In addition, a surveyor will charge between $500 and $2000 for a mid-size property to be surveyed and platted. In This Article How to Subdivide Land

What do I need to know about subdividing my property?

Mar 16, 2021 · Yes, dividing land can be done very easily—but a simple subdivision isn’t always legal. Generally, writing a legal description of the two tracts, recording a deed at the local courthouse, and submitting a certificate of title divides the land.

Do you need a survey when buying a residential subdivision?

One of the most important first steps before subdividing your land or land you wish to buy is to make sure there are no restrictions that will block your plans. Everything from ordinances, neighborhood covenants to deed restrictions may prohibit – or fatally complicate – your plans.

Do I need a solicitor or surveyor to submit an application?

What you Need to Know about Subdividing your Property. Subdividing your property is the process of dividing your land and the establishment of separate legal titles for each of the new sections. Simple subdivisions such as a boundary adjustment between neighbours may involve only the owners, the surveyor, the Council and a solicitor.

How much does it cost to subdivide a property?

Subdividing a property in Auckland generally cost between $120,000 - $150,000. There is no flat rate for a subdivision project in Auckland. Every property and development will have different requirements, so the overall subdivision cost will depend on the unique tasks taken.

How do I divide my land?

Call your local planning, zoning, and/or development office. They can tell you the subdivision process for your area and give you information on any existing zoning restrictions. You can also check online to see what information exists. This will help you understand whether or not your property qualifies.Aug 8, 2020

How do you subdivide land in NZ?

What is the procedure for subdividing?obtaining a resource consent from your local council (see How to obtain a resource consent)preparing a survey plan.the sealing of your plan by your local council.lodging the subdivision plan with Land Information New Zealand.the approval of the plan by LINZ.More items...

How do I subdivide my property in South Africa?

To do this, you need to submit detailed plans to the municipality. You will also need to apply for the rezoning of the property at the deeds registry. This will require a surveyor to draw up plans for the subdivision, which need to be approved by the Surveyor General.Aug 27, 2021

Can you sell part of your property?

Answer: Selling part of a property can be more complex than selling the whole thing. If you have a mortgage it will be secured on the whole of your property and you will need your lender to agree to release and discharge the land to be sold from that mortgage.May 13, 2019

How do you separate land between families?

A partition deed for a property is executed to divide the property among different people - usually among the family members. A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him.Jan 27, 2013

How much does it cost to subdivide a property NZ?

Generally, the average two-lot subdivision can cost around $120,000 – $150,000 for an approved consent, a new Record of Title, professional fees and other requirements. These costs will likely include: consent processing costs.

Do I need Neighbours consent to subdivide?

As long as we can comply with planning requirements, there is generally no need for neighbours approval.

How long does it take to subdivide land NZ?

As mentioned, the process is not for the faint-hearted as it is complex and highly regulated. So, it is a lengthy process that can take nine months at least and sometimes much longer depending on Council, Specialist Consultant and Contractor availability, the size of the project and project management.

How much does it cost to subdivide a property in South Africa?

Subdivide the block of flats from the house and sell the block and the house separately: The cost of a subdivision of the 2 parts would be about R150 000, which would include townplanning costs, municipal costs, surveying costs and the conveyancing costs.Jun 20, 2013

What is a regulation 38 certificate South Africa?

The Local Authority will issue a Regulation 38 certificate which is an indication to the deeds office that the municipality is satisfied that the new portions can be registered. We should then be in a position to lodge our documents in the Deeds office for registration.

How do you subdivide farm land in South Africa?

Application for Subdivision of Agricultural Land In seeking approval from the Minister for subdivision, one must engage the services of a surveyor to come up with the diagrams for the intended subdivision, and together with the application these can be submitted to the Minister for assessment and approval.Jul 21, 2021

What is the decision based on?

Generally, the decision is based on factors such as the location of the property, local zoning laws, the size and shape of the property, the location of any homes or buildings on the property and access to services such as water and sewer.

How much does it cost to split a property into two?

Local fees will cost between $500 and $1,500 to split a property into two. It will cost $2,000 to $10,000 for more than two lots. In addition, a surveyor will charge between $500 and $2000 for a mid-size property to be surveyed and platted.

Is there a cost to subdivide a lot?

Just as there is no standard process for subdividing, there is no standard cost. The cost depends on myriad factors, including surveying and platting costs, local application and/or hearing fees and required improvements to the property. The cost is also determined by the number of new lots you’re creating: Subdividing one lot into two is much cheaper than subdividing one large piece of property into dozens of lots.

What is plat land?

A plat is a map of the surveyed land that identifies property boundaries, access rights-of-way, flood zones, easements and the like. A surveying firm will also be able to provide feedback on whether your property is eligible for subdivision; however, even if there are issues, you can still move forward with the process.

How long does it take to subdivide a property?

Generally, it would take 9 months to 1 year for a two lot subdivision from start to obtaining title.

How much does it cost to have a property surveyed?

Most surveyors charge by the hour, although some have flat fees. You can expect to spend anywhere from about $500 to $2,500 to have a small- to mid-size property surveyed and platted.

Why do people subdivide?

People typically subdivide their land so they can sell off a portion. You may want to subdivide land for family, so they can live close by. Or perhaps you want more lots for a housing or commercial development. Whatever the reason, subdivisions create new tracts of land. That is why people subdivide.

What is subdivision in real estate?

It involves taking one tract or piece of land and dividing it into two or more tracts of land. A subdivision may involve tracts of land that range in size from hundreds of square feet to hundreds of acres. A subdivision may involve only one new tract—or hundreds.

How long does it take to get a subdivision approved?

Approval can take anywhere from a few weeks for a relatively simple subdivision to years for rather complex ones in jurisdictions with a lot of development rules. However, despite the costs and time involved, subdivision can be quite profitable, and thus it is often worth the money and time.

Where did Kevin McKay go to school?

Originally from the Washington D.C. area, Kevin moved to Memphis to attend graduate school at The University of Memphis. After receiving his master’s degree in City and Regional Planning, Kevin climbed the planning career ladder to eventually become planning director of a county in the Memphis metro area.

Who is Kevin Perk?

Kevin Perk is a full-time buy and hold and fix and flip real estate investor with over 15 years of experience. He and his wife Terron operate Kevron Properties, LLC, a boutique real estate investing company in Memphis, Tenn.

What does subdivide mean?

Sub·di·vide ( v. ): to divide into several parts; especially : to divide (a tract of land) into building lots. Successfully subdividing your land into residential lots can have many benefits, including providing a landowner both increased profits and flexibility. If you are buying or already have a large parcel of land for sale, ...

Who is Steve from LotNetwork?

Steve is an entrepreneur and author, who also is an experienced real estate developer and corporate/real estate attorney. He is a Founder of LotNetwork.com, the nation's premier web site for buyers and sellers of residential lots and land.

What to do before subdividing land?

One of the most important first steps before subdividing your land or land you wish to buy is to make sure there are no restrictions that will block your plans. Everything from ordinances, neighborhood covenants to deed restrictions may prohibit – or fatally complicate – your plans. Review these items carefully, plus order a professional title review (typically through a real estate attorney) so that you can understand whether there are any deal killing issues that apply to the property and prevent subdividing.

What does a title company do?

The title company does the title search to make sure that the seller has the legal right to sell the property. Once the title company verifies the validity of the title, they will release a title-opinion letter that states their findings. The title company will also issue title insurance.

Who is Michael Lewis?

This article was co-authored by Michael R. Lewis. Michael R. Lewis is a retired corporate executive, entrepreneur, and investment advisor in Texas. He has over 40 years of experience in business and finance, including as a Vice President for Blue Cross Blue Shield of Texas.

What is plat in surveying?

If not, hire a private surveyor or engineer to survey the property and create a plat. A plat is a map, drawn to scale, that shows the subdivisions on a plot of land. It identifies boundaries, easements, flood zones, roadways, and access rights-of-way. It provides the legal description of the piece of property.

What is subdividing property?

Subdividing your property is the process of dividing your land and the establishment of separate legal titles for each of the new sections.

What is fee simple title?

A fee simple or freehold title is the most common where an owner holds the full title. Crosslease (flat) and unit title (strata) ownerships are different part share arrangements. It’s best to obtain advice from an independent surveyor or lawyer regarding the appropriate ownership type for your situation.

How to determine boundary line?

Investing in your property by knowing and marking your boundaries is a good idea, especially to avoid any future conflicts regarding the use of your land. Make sure you have a land survey completed before: 1 You sell your home or land 2 You buy your home or land 3 A will or testament divides the land 4 You develop or subdivide your land 5 You construct a building, fence or other improvements 6 A boundary line dispute arises

What is a deed of land?

The deed of your property or a copy of the deed with the legal description of the property. Any survey documents or information related to the property. The history of ownership if known or available. The name and address of adjacent property owners. Any information about disagreements over the location of boundaries of the land.

What is Alta survey?

An “ALTA Survey” is a survey done in accordance with the standards jointly established by the American Land Title Association and the American Congress on Surveying and Mapping.

What is utility easement?

In many areas, utility easements are in place to allow government agencies or utility companies to place poles, wires, pipes or cables across privately-owned land. An easement can be created for nearly any purpose if the parties agree to do so. Some easements creations happen in the process of platting land.

What is it called when an improvement is owned by one person?

When an improvement owned by one person happens on land owned by another person, the situation is known as an encroachment. The laws and court decisions on this subject are complex. To understand your legal rights in such a situation, it is best to consult an attorney.

Replies

Laws vary from state to state, but I'd be leery of his assurances there are no liens etc -- stuff can happen without hus knowing it.

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