Transfer of splits or "unsplitting" two parcels

Asked December 22, 2015, 9:00 AM EST

An original 75 acre parent parcel with 9 available splits was divided 2 years ago into a 45 acre parcel and a 30 acre parcel. The 30 acre parcel was given 1 additional split in the deed. I now own both parcels. Can I transfer any additional splits to the 30 acre parcel from the 45 acre parcel that still retains 7 splits?
Can the parcels be "undivided" and what does that do to the ability to divide the combined parcel in the future?

Manistee County Michigan land division

2 Responses

To restate your question (to be sure I understand): The Parent Parcel is 75 acres (correct?) (A 75 acre parent parcel receives 10 future Divisions or 12 Bonus Divisions). It was split into (1) an Exempt Division of 45 acres and (2) a Division which is 30 acres (with one additional Division). You now own both (1) the 45 acre Exempt Division (with 8 future Divisions or 10 Bonus Divisions) and (2) the 30 acre Division (with one future Division). So you now own the entire Parent Parcel (75 acres) again. (The number of Division, etc. given here are based only on the Land Division Act. Please be aware local ordinance may restrict number of Divisions, and size of divisions further.)

The owner of the (1) the Exempt Division of 45 acres can sell (deed) any or all of the 8 future Divisions or 10 Bonus Divisions to the owner of other property within the original Parent Parcel. In this case to the owner of the (2) the Division which is 30 acres. This can be done so long as the total Divisions (or Bonus Divisions) does not exceed what was initially allowed for the Parent Parcel and does not move division rights outside the geography of the Parent Parcel. See an attorney to draw up the proper paperwork. This can be done between two separate owners or where the owner is the same for both parcels.

There is not any provision in the Land Division Act to "undivide" the parcels. However they may be in a township/city/village land division ordinance, or local ordinance may already define "parcel" as being one or more tracts of land under same ownership as one parcel. You will want to consult with an attorney to make sure there is confidence such a provision, if such a provision exists, in a local ordinance is proper.

Your attorney will want to review Michigan Supreme Court Sotelo v. Township of Grant (470 Mich. 95; 680 N.W.2d 381; 2004 Mich.).

Thank you for the restatement and the information. That helps my understanding of the options.