If I wish to sell a portion of my property do I require a survey by law or is it just recommended.
In other words can I split my property with just a deed?
Historic boundaries and conservation efforts.
Each state & county have different guidelines and regulations regarding the subdivision of lands. Mainly, these guidelines are more restrictive on smaller tracts being divided. I would recommend arranging a consult with a licensed surveyor for an hour of his time, to analyze your situation and make recommendations. An hours professional fee for an hour up front will save you many more dollars chasing recommendations from those friends that THINK they have the answers.
> If I wish to sell a portion of my property do I require a survey by law or is it just recommended.
>
> In other words can I split my property with just a deed?
It depends of your State, County, City.
> ... do I require a survey by law...
It will depend on the laws in force in your area. The size of the parent parcel will likely have a bearing on the legality. It is always possible, in theory, to create new parcels by deed alone. It may not be possible to get a permit to build on this new parcel if you don't follow the local laws to create it.
But a good survey really is money well spent. At the very least you should have a surveyor write the legal description.
In Colorado, you can split your property without any survey by deed only if the two parcels result in 35 acres or more. If you create a parcel that is less than 35 acres, it is defined as a "subdivision" and most counties and municipalities require regulation by a planning department, which requires both parcels to be surveyed by a licensed surveyor, monumented, signed and recorded.
ww CO PLS
Have a nice day! Or, may your monument prevail over some guy's touchscreen.
My advice is to contact a local licensed land surveyor in your area and discuss the matter with him/her. Do not call an attorney.
In Illinois any division that results in a parcel less than 5 acres requires a survey. There are exceptions, however. Google "Illinois Plat Act" for details.
Local jurisdictions can, and often do, enact more stringent requirements.
Call your local zoning administrator or Planning Commission to get their requirements for where you are specifically.
I am a licensed surveyor. In my state we have a subdivision control law which states a "subdivision" is subject to review. Further a subdivision means a division of land into two or more parcels.
I have always heard said that creating a new line requires a survey plan be recorded. Would the Subdivision Control Law be the defining statement or zoning law or the Board of Licensing?
Those of you with the State Specific in your reply. Do you mean that in your state a subdivision by deed is allowable?
Thank you.
Historic boundaries and conservation efforts.
Not to hijack, but if there are any liens on the property, such as a mortgage, you may have to get them to sign off since you are selling a piece of their collateral.
This little detail trips up many of the requests I get for small splits.
I have always heard said that creating a new line requires a survey plan be recorded. Would the Subdivision Control Law be the defining statement or zoning law or the Board of Licensing?
Seems to me that:
The Subdivision Control Law would define the process of subdividing.
The zoning regs would determine usage, configuration, setbacks and developmental stuff.
The BOR would set the rules for survey procedure and mapping.
In my state the Planning Board must determine three things before endorsing a plan showing a subdivision: 1) all lots abut a qualified way; 2) all lots have adequate frontage; and, 3) vital access exists. This would seem to preclude a subdivision by deed.
Yes, lawyers may disagree which is why I choose to ask surveyors.
Historic boundaries and conservation efforts.
This is a hypothetical question. It would be impossible to determine compliance with zoning regulations. I think that zoning regulations and the subdivision controls are implying that a survey is necessary. I would like there to be something specific saying that when new lines are created between existing ownership then a survey and plan is required.
Historic boundaries and conservation efforts.
The Illinois Plat Act is very specific. Thank you.
Historic boundaries and conservation efforts.
> Those of you with the State Specific in your reply. Do you mean that in your state a subdivision by deed is allowable?
It is routine to do so in Oklahoma (with exceptions in some cities and counties). It would not be allowed in my other two states, Oregon and Washington.
I think the surveyor should show his client the subdivision act for his
county, city, or state.
I have seen some heated discussions between surveyors regarding staking
a line that would violate the subdivision act.
We can stake the line.
1) Maybe the line is for mortgage purposes.
2) Maybe the line is to mark a soccer, football, or baseball field within the whole tract.
3) Maybe the line is to separate some land use.
Everything you have said, would lead me to believe you are from Massachusetts. Am I wrong? If so, you cannot subdivide by deed alone "...in any city or town in which the subdivision control law is in effect..."
MGL, Ch 41, S 81o
-V
I'm no lawyer but the local interpretation I've seen is....
The laws and regulations regarding requirements for subdivision derive their authority from the interpretation by the courts that the regulation of development can be controlled using the "police powers" of the controlling governmental authority to maintain an orderly nature to the growth and development of the community.
However these powers don't encroach on a individuals right to dispose of their property as they see fit. So a transfer of land by a valid contract (deed) can not be invalidated by subdivision or planning law or regulation. Any future development of the property can, however, be denied by the governing authority until the property meets the requirements of a valid parcel creation in their eyes
Excellent deduction VH. You know I am from Massachusetts and MGL 41, Section 81o is a great answer. Thank you.
Historic boundaries and conservation efforts.
:good:
I also agree with James below.
a transfer of land by a valid contract (deed) can not be invalidated by subdivision or planning law or regulation. Any future development of the property can, however, be denied by the governing authority until the property meets the requirements of a valid parcel creation
Of course, the goal is to end up with buildable lots, I assume, so you have to play their game.
-V
That is an excellent answer. I like the little twist at the end. Thank you.
Historic boundaries and conservation efforts.
In Kansas, as a general rule, aliquot parts can be conveyed without a survey. The contrary being in counties with more stringent policies. Anyone can (but not officially) write a description and have a deed typed up using it. The register of deeds is not required to determine the validity of the description.
Say you own ground that abuts mine along my east line. You want to buy the east five feet of my ground. In most areas, this is not a problem. Whip out a deed that says "The east five feet of such and such tract". Roll on. Again, there are certain areas where this is not allowed.