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Combining adjacent properties into ONE parcel of land #854003
Asked October 25, 2023, 11:45 AM EDT
Greetings,
Recently, we received a denial letter from our township assessor to our written request to combine all 3 pieces of land (Lots) that we own into one piece of property. The denial letter indicates that we cannot combine all three pieces of land into one property due to one of the pieces of land being platted to a different subdivision. All three properties are adjacent to one another.
Is there a legal filing or application that can be submitted to make this request? Is the assessor's answer correct? There has to be a legal means of combing adjacent properties owned by the same married couple. Please advise at your convenience.
Warm Regards,
Christopher Acord
Gladwin County Michigan
Expert Response
Hello,
Thanks for this question. You are not alone in your question about the inability of a tax assessor to combine platted and non-platted (or metes and bounds description) parcels.
The short answer is the tax assessor is correct.
This inability to combine the parcels has to do with the system of Parcel Identification in Michigan which includes a series of numbers starting with the county—something like 11-018-019-400-013 (there are slight differences in Parcel IDs among communities. The parcel identification system provides an organizational system for tax assessment, it is not a system to legally combine parcels in perpetuity.
As a starting point, please refer to Bay County website, as it provides a great example of how to read a Parcel ID and the distinction between metes and bounds vs. platted subdivisions. This numeric system of Parcel Identification is a central reason why a metes and bounds parcels and platted subdivision parcels cannot be combined into one tax identification number.
Metes and bounds descriptions include the township section, quarter, and parcel dimensions (and can become quite lengthy). Where subdivision parcel descriptions, include the block number and lot number. Importantly-- the Parcel ID system must acknowledge these two distinct types of parcels and they cannot be combined.
YOUR OPTIONS:
1) Amend or revise the original subdivision plat to include the two metes and bounds parcels. Hire an attorney, an engineer, go to circuit court. This would be a VERY HEAVY lift in terms of your time, money, and energy. However, it is a legal option if the court approves the request. More about the process of revising a subdivision plat here: Michigan Land Division Act, Act 288 of 1967
2) If you need to combine the parcels for other reasons (building, zoning permit, encroachment, legal, other) there is the option to place a deed restriction on the parcels indicating that the three parcels cannot be sold separately from each other. You would work with an attorney to develop the language and then record the deed at the County Register of Deeds office. These are typically not lengthy documents; I have seen similar deed restrictions just a page or two in length. With this option, you will still receive multiple tax bills, but the properties would be legally combined (for you and subsequent owners). In contrast, combining property to receive one tax bill is not legally binding on future owners. An attorney familiar with real estate law would be helpful.
3) Do nothing and continue to receive more than one tax bill.
Best Regards,
Mary Reilly, AICP
