Deed Term

It sounds to me like it's not the deed that is "illegal", but it sounds like the subdivision is. If the subdivision was never approved and filed is does not exist in the eyes of the county.

Well yeah it's an illegal split in so far as the county didn't get their chance to rubber stamp it, but the split itself doesn't actually run afoul of any of their requirements as far as acreage, access, etc. I don't see why they can't look at the 20 year old survey and these deeds and say yep, we're seeing this 20 years later but it all looks good. My coworkers figure the county is requiring the new survey and deeds as punishment and if so then that seems quite petty, especially seeing as how the recorder and development services people don't communicate about these things even though they're in the same building.

Anyway, like I was saying I'm really just curious if there is an official term for a deed from an illegal split.

I have never heard any term used for a deed for an illegal split but, getting back to the 20 year old survey, no public agency is going to accept a 20 year old plat. Most won't accept one that is over a year old without it being updated.

Official term around here: "any day of the week that ends in "y"'.

It's going to depend on your state's laws. In Mass. a 20 year old plan (or "plat") can be recorded if it meets the registry drafting standards and is not a Definitive Subdivision plan. Those have a time limit for recording. Retracement survey plans and Approval Not Required land divisions have no time limits.

A couple years ago I had a situation where a former client sold off some parcels without going through the Planning Board so that they were non-conforming to zoning. He took advantage of a loophole in the conveyancing statute. Two of the buyers became our clients for developing the lots. At some point the Planning Board caught on to the fact that one of them had inadequate frontage, and tried to tell the other that they had to convey some frontage to the owner of the short lot. This after all the site development was almost complete. I told my client that the Planning Board had no power to force them to sell their land, especially since all the hearings were over and their approvals in place. The "problem" soon faded away.

"Non-conforming tract" is what they call those here. Possibly it can be granted to someone, but if you try to get a building permit or do anything with the parcel then you have roadblocks. It's better to get it conforming.

Mileage will vary depending on your location.

Non-conforming parcel sounds good, I might use that. 😎

A non conforming lot/tract is one that requires a variance because it does not comply with the zoning ordinance(s). If the subdivision has not been approved and filed, the nonconforming lot/tract doesn't even officially exist.

I don't know that that's the only way a parcel can be non-conforming though.

if it hasn't been officially created, what is it not conforming to, the subdivision requirements? If the subdivision requirements have not been met, the lot doesn't exist so there is nothing to be in noncompliance with.

It might be a whole different situation id the lot in question were sold 20 years ago via a filed deed and the buyer started paying taxes on the parcel but, that does not seem to be the case here.

Like it or not, I believe that the best course of action is to get the survey updated and provide updated deeds to get approval. Trying to fight the county if a fruitless cause and may be more expensive.

Over the years, I have gotten quite a bit of business from people thinking that they could do what they wanted to and beg for forgiveness later and, in the end, it always cost them much more than doing it the right way after things turned around and bit them in their butts.

You might get away with things on the local level, but not on the county level where they have a leg to stand on and attorneys on staff that will eat up the applicant's escrow accounts.

It's not uncommon to run into this situation in our area of work. The County recorder and assessor will record any deed and the assessor will map said deed and assign it a parcel #. It will look official on the maps but as soon as you go to complete any land action on either of the new parcels it will be deemed to be non compliant. Then, the owner(s) will need to proceed with whatever land action is necessary to get the parcels created. Around here that's a 10-30k exercise or even more, just to create 1 new lot.

It most likely would have been less than half of that if it was done 20 years ago.

if it hasn’t been officially created, what is it not conforming to, the subdivision requirements?

Basically, yes, even though it does have a recorded deed and survey, and even a parcel number. I don't plan on fighting anything especially since the client is a huge construction company and the cost is probably pennies to them. I don't mind doing the retracement survey because I'm always happy to update the record that way, so I think my biggest complaint is charging someone to copy/paste some perfectly fine existing descriptions.

What if the creation of the so-called non-conforming tract had been created 100 years ago?

Hell's Bells, we have tons of little tracts that were created long beforre a bunch of idiots banded together to decide that ONLY THEY know what is best. There are all sorts of one-acre tracts that were created to be the location of a one-room country school or church. These eventually closed and many were sold and converted into homes. NOW, someone comes along and threatens the current owner. BS to the max.