Available land divisions
In 2000 I purchased a 10 acre parcel from a larger parent parcel. 1 split was conveyed with the 10 acres at time of sale and recorded in the deed.
In 2014 I purchased the remaining 18 acre original parent parcel. At that time I was told no splits could be made to the 18 acres as the previous owner used, conveyed all splits. The 10 acre parcel was never split.
I'm wonderig what my options are. Can I return conveyed split given to 10 acre parcel back to parent parcel and if so still split 10 acres due to the passage of 10 years since sale and recording? Can splits be earned by the passage of 10 years from last exercised split from parent parcel (2007?) I believe min lot size here is 5 acres.
Menominee County Michigan
You use the language “…I purchased the remaining 18 acre original parent parcel.” Based on that statement, I am assuming the parent parcel (i.e. the parcel that existed on March 31, 1997) was 28 acres (10+18). According to the Land Division Act, a 28 acre parent parcel has 5 divisions. If you were conveyed 1 with your 1 division (1+1=2), where did the other 3 divisions go? Where did the previous owner convey the divisions if you “…purchased the remaining 18 acre original parent parcel”?
Divisions cannot be transferred to another parcel – they can only be transferred from parent parcel to a division (or redivision). If you were to recombine the 10 acres and the 18 acres, perhaps the division could be used on the 18 acres – I’d have to research this and you’d want to ask the local land division review official.
It seems to me based on the details provided that the 10 acres currently has 1 division (the division conveyed) plus 2 redivisions, since more than 10 years have passed since being recorded. It seems the 18 acres should still have 3 divisions (plus it would now have redivisions). If those divisions have truly all been used, then the parent parcel is something different than you describe. If the 18 acres is not the remainder of the parent parcel, then it is actually a division from the parent and ten years after it was created and recorded (2007?) it can be redivided.
It is true that all divisions and redivisions must satisfy the minimum lot size in the zoning district (among other requirements). You might wish to read Land Division Act basics for landowners.Finally, you are encouraged to work with an attorney who is experienced in this area of law. The above should not be taken as legal advice, as I am not an attorney. If you wish to clarify any details, email me at email@example.com.
Brad, Thank you for your response. I have read through the Land Division Act and it still confuses. Some additional info pertaining to original question. I found a survey dated 1998 so it is after LDA 1997. It states Area of Parent Parcel 98 Acres, Allowable splits 12. From the date of the survey to 2007 an unknown number of parcels of various sizes were split off of the 98 acre parent parcel and sold. My 10 acres was one of those in 2000. In 2007 I purchased what was left of the original 98 acre parent parcel. It had been reduced to 18 acres. Perhaps due to poor record keeping by the township / County they were unable to accurately confirm if any splits were left and thought there may have even been too many allowed. I guess the passage of time is the easiest way to sort out the LDA. Wait the 10 years and you should be good to split.
So, if the 18 acres was recorded as of 2007, it should have 2 redivisions by now (or sometime in 2017). That means the 18 acres can result in 2 separate parcels (provided all the review standards are met).