Land divisions of platted lots

Asked March 17, 2014, 5:32 PM EDT

I was told the Michigan Attorney General gave an opinion in favor of allowing more than 4 property divisions of a lot in a Subdivision Plat as long as it was platted before 1967, and meets all the local ordinances ? Do you know the opinion number ?

Oakland County Michigan

1 Response

I am not aware of such an opinion. I only find Attorney General opinions referencing four or more divisions which pre-date the 1997 amendments to the Land Division Act, and thus are no longer current law.

That does not mean it does not exist, just that I am not aware of it, and did not find it in a search of the AG opinions. However, doubt such an opinion exists, as appears to counter rather clear language in the Land Division Act.

Generally further dividing a lot in a subdivision is subject to MCL 560.263 which requires the local government to have an ordinance and review process. That section of the Land Division Act reads:

"No lot, outlot or other parcel of land in a recorded plat shall be further partitioned or divided unless in conformity with the ordinances of the municipality. The municipality may permit the partitioning or dividing of lots, outlots or other parcels of land into not more than 4 parts; however, any lot, outlot or other parcel of land not served by public sewer and public water systems shall not be further partitioned or divided if the resulting lots, outlots or other parcels are less than the minimum width and area provided for in this act."