Land division - Ask Extension
Good morning. I have 150 acres with 13 land divisions I would like to divide off 20 acres that has 1320 ft of road frontage. I would like to assign...
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Land division #890734
Asked December 12, 2024, 8:53 AM EST
Good morning. I have 150 acres with 13 land divisions I would like to divide off 20 acres that has 1320 ft of road frontage. I would like to assign 6 divisions to the 20 acres from the main parent tract of 13 divisions. The 6 divisions will meet the township requirements for acreage and width to depth ratio. The question is can I assign any number of divisions to the 20 acres as long as they meet the township requirements for tks very much.
Lapeer County Michigan
Expert Response
Greetings,
If your 150 acres is the parent parcel, Section 108(2) of the Land Division Act provides that the parcel can result in 15 child parcels (15 divisions).
Yes, "The right to make divisions ... can be transferred, but only from a parent parcel or parent tract to a parcel created from that parent parcel or parent tract. A proprietor transferring the right to make a division pursuant to this subsection shall within 45 days give written notice of the transfer to the assessor of the city or township where the property is located on a form prescribed by the state tax commission" (109(2)). This is Form 3278 - Notice to the Assessor of Transfer of the Right to Make a Land Division.
Also, note that division rights must be transferred with deed(s) that contain the statement: "The grantor grants to the grantee the right to make [insert "zero", a number, or "all"] division(s) under section 108 of the land division act, 1967 PA 288, MCL 560.108.". In the absence of such a statement, the right to make divisions stays with the remainder of the parent parcel retained by the grantor (109(3)).
You are correct that any division rights must meet the local ordinance minimums, or [some of] the division rights cannot be utilized. As you describe, it will be best to know all township zoning ordinance and land division ordinance minimum standards before seeking land division approval. You are encouraged to discuss your plans with the township zoning administrator and assessor in advance. You are also encouraged to consult with an experienced attorney.
If your 150 acres is the parent parcel, Section 108(2) of the Land Division Act provides that the parcel can result in 15 child parcels (15 divisions).
Yes, "The right to make divisions ... can be transferred, but only from a parent parcel or parent tract to a parcel created from that parent parcel or parent tract. A proprietor transferring the right to make a division pursuant to this subsection shall within 45 days give written notice of the transfer to the assessor of the city or township where the property is located on a form prescribed by the state tax commission" (109(2)). This is Form 3278 - Notice to the Assessor of Transfer of the Right to Make a Land Division.
Also, note that division rights must be transferred with deed(s) that contain the statement: "The grantor grants to the grantee the right to make [insert "zero", a number, or "all"] division(s) under section 108 of the land division act, 1967 PA 288, MCL 560.108.". In the absence of such a statement, the right to make divisions stays with the remainder of the parent parcel retained by the grantor (109(3)).
You are correct that any division rights must meet the local ordinance minimums, or [some of] the division rights cannot be utilized. As you describe, it will be best to know all township zoning ordinance and land division ordinance minimum standards before seeking land division approval. You are encouraged to discuss your plans with the township zoning administrator and assessor in advance. You are also encouraged to consult with an experienced attorney.
Greetings,
If your 150 acres is the parent parcel, Section 108(2) of the Land Division Act provides that the parcel can result in 15 child parcels (15 divisions).
Yes, "The right to make divisions ... can be transferred, but only from a parent parcel or parent tract to a parcel created from that parent parcel or parent tract. A proprietor transferring the right to make a division pursuant to this subsection shall within 45 days give written notice of the transfer to the assessor of the city or township where the property is located on a form prescribed by the state tax commission" (109(2)). This is Form 3278 - Notice to the Assessor of Transfer of the Right to Make a Land Division.
Also, note that division rights must be transferred with deed(s) that contain the statement: "The grantor grants to the grantee the right to make [insert "zero", a number, or "all"] division(s) under section 108 of the land division act, 1967 PA 288, MCL 560.108.". In the absence of such a statement, the right to make divisions stays with the remainder of the parent parcel retained by the grantor (109(3)).
You are correct that any division rights must meet the local ordinance minimums, or [some of] the division rights cannot be utilized. As you describe, it will be best to know all township zoning ordinance and land division ordinance minimum standards before seeking land division approval. You are encouraged to discuss your plans with the township zoning administrator and assessor in advance. You are also encouraged to consult with an experienced attorney.
If your 150 acres is the parent parcel, Section 108(2) of the Land Division Act provides that the parcel can result in 15 child parcels (15 divisions).
Yes, "The right to make divisions ... can be transferred, but only from a parent parcel or parent tract to a parcel created from that parent parcel or parent tract. A proprietor transferring the right to make a division pursuant to this subsection shall within 45 days give written notice of the transfer to the assessor of the city or township where the property is located on a form prescribed by the state tax commission" (109(2)). This is Form 3278 - Notice to the Assessor of Transfer of the Right to Make a Land Division.
Also, note that division rights must be transferred with deed(s) that contain the statement: "The grantor grants to the grantee the right to make [insert "zero", a number, or "all"] division(s) under section 108 of the land division act, 1967 PA 288, MCL 560.108.". In the absence of such a statement, the right to make divisions stays with the remainder of the parent parcel retained by the grantor (109(3)).
You are correct that any division rights must meet the local ordinance minimums, or [some of] the division rights cannot be utilized. As you describe, it will be best to know all township zoning ordinance and land division ordinance minimum standards before seeking land division approval. You are encouraged to discuss your plans with the township zoning administrator and assessor in advance. You are also encouraged to consult with an experienced attorney.
Greetings,
If your 150 acres is the parent parcel, Section 108(2) of the Land Division Act provides that the parcel can result in 15 child parcels (15 divisions).
Yes, "The right to make divisions ... can be transferred, but only from a parent parcel or parent tract to a parcel created from that parent parcel or parent tract. A proprietor transferring the right to make a division pursuant to this subsection shall within 45 days give written notice of the transfer to the assessor of the city or township where the property is located on a form prescribed by the state tax commission" (109(2)). This is Form 3278 - Notice to the Assessor of Transfer of the Right to Make a Land Division.
Also, note that division rights must be transferred with deed(s) that contain the statement: "The grantor grants to the grantee the right to make [insert "zero", a number, or "all"] division(s) under section 108 of the land division act, 1967 PA 288, MCL 560.108.". In the absence of such a statement, the right to make divisions stays with the remainder of the parent parcel retained by the grantor (109(3)).
You are correct that any division rights must meet the local ordinance minimums, or [some of] the division rights cannot be utilized. As you describe, it will be best to know all township zoning ordinance and land division ordinance minimum standards before seeking land division approval. You are encouraged to discuss your plans with the township zoning administrator and assessor in advance. You are also encouraged to consult with an experienced attorney.
If your 150 acres is the parent parcel, Section 108(2) of the Land Division Act provides that the parcel can result in 15 child parcels (15 divisions).
Yes, "The right to make divisions ... can be transferred, but only from a parent parcel or parent tract to a parcel created from that parent parcel or parent tract. A proprietor transferring the right to make a division pursuant to this subsection shall within 45 days give written notice of the transfer to the assessor of the city or township where the property is located on a form prescribed by the state tax commission" (109(2)). This is Form 3278 - Notice to the Assessor of Transfer of the Right to Make a Land Division.
Also, note that division rights must be transferred with deed(s) that contain the statement: "The grantor grants to the grantee the right to make [insert "zero", a number, or "all"] division(s) under section 108 of the land division act, 1967 PA 288, MCL 560.108.". In the absence of such a statement, the right to make divisions stays with the remainder of the parent parcel retained by the grantor (109(3)).
You are correct that any division rights must meet the local ordinance minimums, or [some of] the division rights cannot be utilized. As you describe, it will be best to know all township zoning ordinance and land division ordinance minimum standards before seeking land division approval. You are encouraged to discuss your plans with the township zoning administrator and assessor in advance. You are also encouraged to consult with an experienced attorney.
Good morning.
thanks for responding to my previous question. I appreciate your help.
I have one question about the prior post that I’m still unsure of
So, when I divide the 20 acres from the parent tract (parent tract has 15divisions) could I transfer as many divisions to the 20 acres as long as they meet meet the township requirements say(6) I’d like to transfer. Or does the 20 go back to the 4 divisions for the first 10 and 1 division for the next 10. Which would be 5. Tks
Hello,
The law allows for as many divisions to be transferred as the proprietor wishes to be transferred, subject to the maximum allowed by statute for the parent parcel. If a proprietor transfers more than can be practically created based on local ordinance, those division rights essentially vanish. So, a proprietor would be wise to only transfer the number that can actually be created, leaving the balance of division rights with the remainder of the parent parcel. Assuming I understand your question, and this is permissible by local ordinance, the statute allows for the proposed six divisions (and even more) to be transferred to a child parcel.
Please note, the number of divisions allowed is the number of resulting parcels that the parent parcel can result in (see language "...shall result in a number of parcels not more than the sum of the following..." in MCL 560.108(2)).
This is not legal advice.
The law allows for as many divisions to be transferred as the proprietor wishes to be transferred, subject to the maximum allowed by statute for the parent parcel. If a proprietor transfers more than can be practically created based on local ordinance, those division rights essentially vanish. So, a proprietor would be wise to only transfer the number that can actually be created, leaving the balance of division rights with the remainder of the parent parcel. Assuming I understand your question, and this is permissible by local ordinance, the statute allows for the proposed six divisions (and even more) to be transferred to a child parcel.
Please note, the number of divisions allowed is the number of resulting parcels that the parent parcel can result in (see language "...shall result in a number of parcels not more than the sum of the following..." in MCL 560.108(2)).
This is not legal advice.
Sent from my iPhone
On Dec 13, 2024, at 10:06 AM, Ask Extension wrote:
