Land Division Act correction on deed

Asked July 20, 2018, 1:49 PM EDT

The parent track as it existed in 1997 had 125 acres. There were a few divisions, but essentially there were quite a few left, lets say 10. All of the completed divisions were prepared by owners attorney, except one. In that division in 2015, the owner created a landlocked smaller parcel and granted all divisions to the small land locked parcel. (Oops) From what I understand from the LDA, you can not buy or sell the rights to these divisions, or can you? Is it legal to do a deed correction, or does that violate the LDA?

Much to the surprise of the owner's lawyer, the larger remainder of the parent parcel now has no divisions left. Adjacent owners do NOT want the divisions to revert to the parent.

Allegan County Michigan community planning and zoning

2 Responses

Greetings,

According to the Land Division Act, a 125 acre parent parcel (the parcel as it existed on March 31, 1997) has 15 divisions. Good record keeping is essential. It is important that a precise number of remaining divisions is able to be determined.

To your question, division rights (those that are unused) may only be transferred to divisions of the same parent parcel (division rights cannot be transferred to a different parent parcel).

With 15 divisions originally available, perhaps there are still unallocated divisions tied to the remainder of the parent parcel. A review of records should determine that. Or, any unused divisions previously transferred to a division of the parent parcel, could be sold back to the remainder of the parent. Keep in mind, with the passage of time, there are likely now redivisions available to some of the divisions.

I am not an attorney and this is not legal advice. An effort to ‘correct’ the deed will likely require the professional legal assistance.

Thank you, that is very helpful.