Land Division Act

Asked September 19, 2014, 7:36 AM EDT

I found one web site with the title: "Wading through the swamp of Michigan's Land Division Act." There's a title I heartily agree with. I have one question concerning a 9.5 acre parcel I bought in 1992. I split said parcel three times since then with the last split in 2003. I was under the impression that after 10 years I could split my remaining parcel (4 acres) another three times, but am being told now that I have only one split left. True statement, I wonder, or a city official confused by the Land Division Act?

Schoolcraft County Michigan

3 Responses

Greetings,

A parcel less than 20 acres in size is allowed 4 divisions, according to the Land Division Act. You say you've 'split' the parcel three times. I assume that means the 'parent parcel' (the parcel as it existed on March 31, 1997) is now four separate parcels (three new boundary lines 'drawn' on the map). That is the way the statute counts divisions - as resulting parcels (in other words, 4 divisions means 4 resulting parcels, not 4 new lines dividing the property). That said, the remaining 4 acres you own can be 'redivided' after 10 years since selling and recording the last division allowed from the parent parcel. It sounds like the relevant date is 2003.

A 4 acre parcel is allowed 2 redivisions, meaning the 4 acre parcel can result in 2 parcels. So, it sounds like the local official is correct (considering the difference in language - 'split' vs. redivision). Keep in mind, the resulting redivisions must:

  • Not be narrower than 4:1 (parcel depth to width ratio for parcels less than 10 acres);
  • Be accessible by a public road, private road, easement or other similar means (as required by the local land division or zoning ordinance);
  • Meet the minimum parcel size required in the zoning ordinance, if applicable;
  • Meet the minimum parcel width required in the zoning ordinance, if applicable;
  • Not exceed the maximum number of divisions for the parent parcel, or the number of redivisions for the division;
  • Have an adequate and accurate legal description; and
  • Not result in land-locking a cemetery.
If you have further questions, feel free to contact me at 906-475-5731 or neuman36@msu.edu.

Mr. Brad N. Thank you for your response. The city official I referenced in my question is actually my good friend who will be delighted to know he was right. (If I tell him)....once again, thanks