What is a "casual sale?" Here is a definition from the township regulation book:
"SUBDIVISION: The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts [etc] ... provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted, as well as casual sales or gifts of real estate and other sales obviously not involving a development of a "plan of lots" as that term is generally accepted."
We are creating a new tax parcel but the creation of that parcel does not (according to the township solicitor) fall within the definition of a "subdivision as we know it." I see the casual sale as relative to an "incidental boundary line change," but in creating a new tax number you are not changing a boundary line, you are creating one. We are either retracing old lines or establishing new ones. Here, we are creating a new line but there seems to be no approval procedure for such a transaction.
Some municipalities go to great lengths to regulate the division of property; Others seem to not want bothered with such things. I was told we just have to record corrective deeds. Corrective deed implies that there was something wrong with the ONE deed we had at the start. I feel very hesitant to create a lot without proper approvals being met.
Are you creating the parcel for someone to build on (development)? I'm not familiar with the term casual sales. Where I'm at you can violate the development code and record about anything you what. The catch is it will be determined "out of compliance" and no building permits may be issued until it's brought into compliance. Anything out of compliance is a red flag to lenders. We have a similar exception for ag but the parcel must be use for ag purposes and a memorandum is supposed to be recorded stating that the parcel is to be used for ag and when taken out of ag use the subdivision process will be done.
That's an excellent question. If it isn't a "casual" sale, what do you call it? "Sunday Best" sale?
Black's law dictionary defines casual sale:a sale which is not made customarily or in the regular course of business; an occasional sale.
Maybe that gives you a lttle context.
MT used to have that exemption from the subdivision act, but got rid of it after people really started to abuse it.
No buildings are planned for any lot in this project. It's not AG land: It's old reclaim from mining years ago. It's wooded and the majority is being sold to a rod and gun club for recreation. I'm not sure if any of it would even perc.
Holy Cow, post: 324474, member: 50 wrote: Sunday Best" sale?
I would call it formal rather than Sund'y best.
Moe Shetty, post: 324478, member: 138 wrote: a sale which is not made customarily or in the regular course of business; an occasional sale.
Over years of occasional sales and much hacking at the boundaries, the informal methods used have created a monster on the mountain.