where to begin when subdividing property in mass surveyor or land use attorney?

by Angeline Jacobi DDS 3 min read

Talk to a town planner, property lawyer, or subdivision specialist. In general, cities and towns have increased their restrictions and fees in the past few years. A professional in the field can help you decide whether it’s worth committing to subdividing your land. Understand whether new infrastructure will be needed

Full Answer

Can subdividing your land help you maximize real estate resources?

The first step is to call your local planning, zoning and/or development office to get specifics on how the subdivision process works in your area and check for restrictions. Some cities, towns or districts post this information on their websites, so you can try that first.

How much does it cost to survey a subdivision?

 · Land Court 2006 manual of instructions for the survey of lands and preparation of plans, 2006. A guide to the minimum requirements for preparing surveys and plans to be filed in the Land Court. Zoning and land use resources, Executive Office of Housing and Economic Development Site includes: Overview of the Subdivision Control Law (2009)

What do surveyors look for when buying a property?

There were a lot of wetlands to contend with. The finished houses were worth about $2,250,000 combined sold to the end buyer. We take that $2,250,000 and divide by 3 and we get $750,000 …

What is the process for subdividing a property?

 · On top of this, if your local planning office, title company or surveyor says your property is ineligible for subdivision, you will want to consider consulting an attorney who …

How do you subdivide a property in Massachusetts?

To subdivide an area in Massachusetts, you can either divide a large parcel of land into many smaller properties or divide a small parcel of land. Evaluate the housing market: Before you invest in a subdivision, you should evaluate the market to ensure there is profitability for the lots.

What is the process for subdividing?

Subdividing involves the conversion of one large property, whether it be a parcel of land or a building, into two or more parts, to enable those parts to be sold or split into separate ownership.

What is the subdivision control law Massachusetts?

The subdivision control law has been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of the cities and towns in which it is, or may hereafter be, put in effect by regulating the laying out and construction of ways in subdivisions providing access to the several lots therein, ...

How much land do you need to subdivide?

Each proposed vacant lot is required to be a minimum of 600sq metres and anticipated just one house per section. So generally speaking, you'll need to have an existing lot of at least 1200sq metres or larger to subdivide into two.

How much does it cost to subdivide a property?

between $120,000 - $150,000Subdividing 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.

Do I need a resource consent to subdivide?

You need a subdivision resource consent to divide a parcel of land or a building into one or more further parcels, or to change an existing boundary location.

What is an ANR plan in Massachusetts?

An ANR (“approval not required”) is the division of land into lots with frontage on existing roads, whether public or private, or simply reconfiguring lot lines. The Planning Board endorses ANRs certifying that approval under the Town's Subdivision Regulations is not required.

When did zoning begin in Massachusetts?

December 22, 1975On December 22, 1975, the Governor signed Chapter 808 of the Acts of 1975, the Zoning Act, which created a new Chapter 40A of the Massachusetts General Laws.

How much does it cost to subdivide a section?

Get an idea of overall costs 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. development contribution fees.

WHAT IS 224c?

A Section 224(c) certificate is a final approval from Council that all conditions of the subdivision consent have been complied with. A formal application for 224(c) certification needs to be made to Council by an applicant once all works required as part of the subdivision have been completed.

Can I subdivide single house zone?

Single house zone subdivision guidelines If you want to separate the minor dwelling from the main house so it sits on its own site, you will need to meet the required 600 square metres site area, for both the main dwelling and minor dwelling. Check site-specific constraints related to zoning.

Who decides whether to approve subdivision?

You will get a response from the council. In some areas, the planning board or a similar council will decide whether to approve the subdivision during a routine meeting. In other areas, the issue must go to a public hearing.

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.

Why do people subdivide their property?

Most homeowners decide to subdivide their property for one of two reasons: to sell part of it off for profit or to divide the property among family members. Real estate investors frequently subdivide properties to increase the value of the land. There’s no universal process for subdividing a property. The rules and laws vary from one state, city, ...

How to find out if your property qualifies for subdivision?

The first step is to call your local planning, zoning and/or development office to get specifics on how the subdivision process works in your area and check for restrictions. Some cities, towns or districts post this information on their websites, so you can try that first. This step should give you an idea of whether your property qualifies for subdivision.

What to do if property is ineligible for subdivision?

If local official or a surveyor says your property is ineligible for subdivision, consider consulting an attorney who specializes in zoning laws. You may be a good candidate for a variance or appeal. Even if you’re not running into roadblocks, it’s never a bad idea to consult an attorney to guide your through the process.

How much to divide a property into two?

On average, budget about $500 to $1,500 to subdivide one property into two. Plan to spend more like $2,000 to $10,000 to divide your property into more than two lots. 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.

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.

What was the report of the special commission on planning and zoning, December 1952?

1953 House Bill 2249: Report of the special commission on planning and zoning, December, 1952.#N#Commission reviewed issues of municipal planning, zoning and subdivision control and made recommendations for changes in the law.

What is Chapter 40B?

Chapter 40B is also referred to as the "Anti-Snob Zoning Act" or the "Comprehensive Permit Statute.".

Why do people want to subdivide land?

The other reason we see owners wanting to subdivide is to gift a piece of land for an adult child or other family ...

What is subdivided land?

Subdividing land is simply taking one parcel of land and dividing it into one or more separate parcels of land. Currently, you may have one 5 acre lot with a house and you believe you can subdivide your land to have to separately deed lots with a lot remaining for the current house.

What is ANR in Massachusetts?

ANR, Form A and Conforming Lots. If you have a lot that conforms with all the Massachusetts town zoning for a individual lot, it is called a Form A, ANR (approval not required) or conforming lot. A “Form A” lot technically requires no approval, though you will still have to go in front of the planning board.

What is an easement in a deed?

An easement is a right for another to have a certain use of your land and may impact how you use the land. Determine if there are any easements that might impact the value of the resulting lots. Check your deed and see if it makes reference to any easements and where they may cross your land.

How much does a conforming lot cost?

On simple conforming lot it could run you several thousands of dollars for a surveyor and a plan to upwards of $25,000 to 80,000 for a more small subdivision. The upshot of going this route is if you are successful you will make more money, you have eliminated the risk for the builder if you are providing a subdivision with permits in hand or the guarantee of permits.

How much does it cost to build a road?

So just to get a road in you are talking the builder needs to spend $320,000 to $640,000 just to build a road for two houses. In many moderate to lower-priced towns where a builder might only pay $150,000 for a conforming lot this makes the project unfeasible.

What is the building envelope on a lot?

Now that you have an approved lot the big question is what can you build on it. The building envelope determines what area on the lot you can build on. A lot will have minimum front, rear and side setbacks.

What does "subdivide land" mean?

When you hear the phrase “subdivide land,” you likely think of suburban-style subdivisions.

How long does it take to subdivide a lot?

However, generally speaking, it takes 9 months to 1 year for a two-lot subdivision from the time you start to the point when you obtain a title. 10.

How to find out zoning for a property?

Contact the municipal planning and building township of the township or municipality to learn the property’s zoning category.

How much money do you need to divide a property into two lots?

As a general rule of thumb, you should have roughly $500 to $1,500 to subdivide one mid-sized property into two and more to divide one property into more than two lots. Note that any required improvements to the property can quickly run up your bill as well ($10,000 to $30,000).

What are the risks associated with subdivision?

Speaking of risks, one of the biggest risks associated with a subdivision project is market risk.

What to do if your property is not qualified for a mortgage?

If your property does not qualify, you do not want to waste your time or money. Talk to a town planner, property lawyer, or subdivision specialist. In general, cities and towns have increased their restrictions and fees in the past few years.

Why do people move forward with subdivisions?

The reason that most people move forward with a subdivision is because it’s profitable for the landowner and allows them to have greater flexibility with their investment.

How much does a surveyor charge?

Pay surveyors. Surveyors charge by the hour. The amount you need to budget for surveying depends on the size of the property. For a smaller property, the surveyor may charge you between $500 and $2,500. The cost of surveying and platting larger properties can range much higher.

What to do if your property is not a subdivision?

File a planning or zoning variance or waiver if necessary. If your property does not qualify for subdivision or your application for subdivision is denied for some reason, you do have recourse. Filing for a planning or zoning variance or waiver re-opens the case. Often upon re-examination, planning boards will grant exceptions when they deem them reasonable.

What does subdivide mean in real estate?

Understand what subdividing property means. Subdividing property means dividing it into several parts. Land owners typically subdivide their property into multiple residential units. This usually increases the value of the land.

How to find out zoning of a property?

Contact the the municipal planning and building department of the township or municipality to learn the property's zoning category. If you cannot find the information there, research local laws on websites such as State and Local Government on the Net or the Municipal Code Corporation (Municode).

How does the number of subdivisions affect the cost of a property?

The number of subdivisions also affects the cost. The more subdivisions you intend, the more it is going to cost. There is no way to accurately estimate how much it is going to cost to subdivide your property since so many factors impact the total cost.

What is plating in real estate?

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. Plats are required for any land that is to be subdivided.

What is a title search?

It is an examination of public records to find out if there are any previous owners who might claim an interest in the property or if there are unpaid debts such as taxes or loans. If you already own the property, a title search was likely done before you made settlement. However, if you are purchasing the property with the intention of subdividing it, make sure a title search is completed before you go to settlement.

Why do landowners want to subdivide?

In addition, landowners may more readily find buyers for smaller subdivided parcels that are more affordable than one larger piece of land. Try to understand the market’s needs. Completing the lot subdivision up front saves the purchaser the time, effort and risk of doing it themselves, increasing the salability – and often the value – of the overall property.

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.

Why do you subdivide land?

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, or even a home lot that has “extra” land area, you may wish to consider whether subdividing your land can help you maximize your real estate resources, something that many landowners are evaluating in the current market conditions.

How to sell lots?

Selling lots is not like Field of Dreams, where “if you build it they will come.” You need to make sure there is a market for lots in your area and at a price that makes sense. Determine the size, layout and other requirements that are expected for new lots to be marketable. A good real estate agent with expertise in land can help you with this. You also may be able to get some advice from builders – reach out to the ones who are active in your geographic area and in the price range for new homes that would likely be built on your lots. Getting their input could be the key to successfully subdividing marketable lots.

What is lot size driven by?

Many of these lot size, layout and service matters will be driven by the local requirements, but others will be driven by the market.

Do you need to confirm that your lot is serviced?

So be sure to confirm both that typical utilities are available for your lots and that they will have the capacity to handle the load from any new homes that would be built on the subdivided lots. Do your research and have your surveyor locate water, sewer, gas, electricity and other utility lines and infrastructure on your plan.

Can you subdivide a farm without selling it?

Another benefit of subdividing for homeowners who would like to liquidate some of their real estate without having to sell the farm (literally), is that they may be able to both cash in on a portion of vacant land and stay put on the rest.