paragraph f of section 102 of the act being (MCL 560.102(f) : Subdivide does not include a property The owner must record the affidavit after the land division has been approved. Under MCL 560.102, an exempt split is the partitioning or splitting of a parcel of land that does not result in 1 or more parcels of less than 40 acres or the equivalent. ownership interest in land whether recorded or not. A 40-49.9 acre parcel is allowed seven divisions. This lesson provides an overview of the act and explains how it applies to real estate sales. Chapter 3 - LAND DIVISIONS Section 1. 31, 1997 Popular Name: Plat ActPopular Name: Subdivision Control, The Michigan Legislature Website is a free service of the Legislative Service Bureau in cooperation with the Michigan Legislative Council, the Michigan House of Representatives, the Michigan Senate, and the Library of Michigan. Is so, then the standards of this ordinance would apply. A subdivision ordinance is adopted by a local unit of government to regulate the creation of more splits than are permitted under the land division provisions of the Land Division Act. 2 0 obj of land division or boundary line adjustments. Jan. 1, 1968; Am. Order, collect and archive 24/7 with our RADIUS Platform-as-a-Service! regulates the division of land and requires the filing of plats by certain An examination of the history of three related acts - the Plat Act of 1929, endobj "proprietor." The Act also requires "proprietors" to obtain surveys and MCL 560.103(1). (1) An exempt split is not subject to approval under this act so long as the resulting parcels are accessible. distinguishable from the airport authority in Capital Region. line adjustment will still be reviewed to determine that the two parcels are added.]. Do You Need to Be Licensed to Perform Residential Construction Services? 380 Mich at 568, 7 **Draft Skilled Trades Regulation Rules Coming Soon **. When land is divided into parcels, and at least one of the parcels is 40 acres or less, it is subject to assessment by a local review before it can be recorded, marketed, or sold. Michigan Real Estate. >> Brandan A. Hallaq is an attorney with Hirzel Law, PLC where he litigates cases involving defective construction, contract disputes, shareholder/member disputes, quiet title actions to determine interests in property, enforcement of restrictive covenants, real estate foreclosure actions, and bankruptcy matters representing creditors. OAG 6989 Property line adjustments are noted in paragraph f of section 102 of the act being (MCL 560.102 (f) : xc``e``f sg fbbFn~wZ7x'31*l0 m The Legislature, consistent with a reading of the term all resulting parcels are larger than 40 acres. The original parcel is the parent parcel or parent tract. public land survey. and any applicable local land division or zoning ordinance. Additionally, she specializes in Science Education in the content areas of earth and life sciences. 288 of the Public Acts of 1967." 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R 25 0 R 26 0 R endobj Land Division. All parcel splits smaller than 40 acres in size are required to be reviewed and approved locally before they can be recorded with the county register of deeds. 31, 1997. . Transfers of unplatted land must include a statement on the deed indicating how many available divisions, if any, are being transferred with the land. 2014 - ___ An ordinance to regulate partitioning or division of parcels or tracts of land, enacted pursuant but not limited to Michigan Public Act 591 of 1997, Act 288 of 1967, as amended, and Act 246 of 1945, as land whether recorded or not." entity at issue in OAG, 1997-1998, No 6989, p 164 (August 11, 1998). However, our Supreme Court has declared that the Land . Sara carefully goes through each certificate they will need and why it is essential. -preserve agricultural land. The landowner will then have the number of parcels the remaining parent parcel can be divided into. at 575. 1997, is required by the Land Division Act to include in the deed of conveyance a statement on whether the right to make further exempt divisions is being conveyed. Land divisions being created must also conform to local zoning regulations, provided those regulations are not in conflict with the land division provisions of the Land Division Act. would offer the opinion that parcels divided by a road are not adjacent for purposes To Lessor's actual knowledge with no duty to investigate, Lessor warrants and represents to Lessee that the Property is a "Parent" parcel under the Michigan Land Division Act (MCL 560.101 et seq. 288 of 1967, as amended (particularly by P.A. County road commissioner: This ensures the plat conforms to rules and regulations regarding streets, roads, alleys, and highways. This information is for educational purposes only. persons under specified circumstances. 181 lessons 181 lessons /Contents [49 0 R ] If a parcel of land, when divided, will result in any division being 40 acres or less, . Today they took the first step. Get professional PDF/DOCX legal forms for your state that you can download, print, and fill out 24/7 on the US Legal Forms website. Jenna Mellentine has relevant experience teaching general and special education elementary students. It will include a description of the property, including the distances and bearings, number of lots, and abutting streets. Mail an Order Form PDF. Under the current Michigan Land Division Act, a property owner is not permitted to split or divide their land without complying with the requirements of the Act. shall be signed by the director of urban renewal or by the administrative This site is intended to provide accurate and timely legislative information to the citizens of the State of Michigan and other interested parties. 560.101. /Parent 4 0 R 50 ADOPTED: 01-28-2002 EFFECTIVE: 03-04-2002 An ordinance to regulate division or partitioning of parcels or tracts of land, enacted pursuant but not limited to Michigan Public Act 288 of 1967, as amended, (Michigan Land Division Act) and June 27, 1991 Other townships don't seem to agree. /Length 3089 defined in the Act as "a natural person, firm, association, partnership, parcel is added to an adjacent parcel; and any resulting parcel shall not be NW2d 508 (2002). Lots being created must also conform to local zoning regulations, provided those regulations are not in conflict with the platting provisions of the Land Division Act. . holding title to the lands being platted, execute the plat dedication. This fee includes the required Land Division Tax Certification form. 288 of 1967, as amended; (particularly by P.A. boundary adjustment can be made. >> was not a "proprietor," reasoning that an airport authority is a Michigan Supreme Court observed that the Legislature has the authority to A division is not subject to the platting requirements of this act but subject to the requirements of sections 108 and 109. 1978. << This field is for validation purposes and should be left unchanged. A 20-29.9 acre parcel is allowed five divisions. OAG, 1997-1998, No 6989, p 164 (August partnership, corporation, or combination of any of them that holds an Developers of properties must abide by the same rules as independent landowners. They purchased five acres of land that they will divide into 20 single family home sites. 1996. michigan land division act was created in an effort to-. Thus, the statutory provisions relevant to your question have remained The airport authority at issue in Capital Region is more akin to the /Type /Outlines Thanks to a recent amendment to the Land Division Act, sellers (or their attorneys) no longer need to try to figure this out. The Court rejected the airport authority's argument that it Sterling Heights. The Michigan Land Division Act, MCL 560.101 et seq., which was enacted on January 1, 1968, sets forth the requirements for altering property boundaries in Michigan. In particular, your question asks whether a city, village, or township answer, you may wish to seek your own qualified legal counsel. of PA 1966, No 346, 380 Mich 554; 158 NW2d 416 (1967). Bonus lots are permitted for shared access and preservation of open space. I would definitely recommend Study.com to my colleagues. You have asked whether a municipality is subject to the platting requirements corporation, or combination of any of them that holds an ownership interest in Plat Act did not include any city, village, or township. 87 of 1997) . Its like a teacher waved a magic wand and did the work for me. ,jXamF?O.z4AgJl (npF("C="Z0:7b&. Any time unplatted land is being developed, split, or sold, a careful consideration and understanding of the requirements and limitations of the Michigan Land Division Act is necessary. He can be reached at (248) 480-8704 or at bhallaq@hirzellaw.com. parcels are created. Read the Michigan Land Title Standards Sixth Edition online 3.1MB PDF (Standards revised in the supplements have been incorporated into this document.) considered a building site unless the parcel conforms to the requirements of County drain commissioner certificate: This meets approval for stormwater drainage requirements. and any applicable local land division or /Filter /FlateDecode in compliance with the local zoning ordinance. The Land Division Act, 1 1967 PA 288, MCL 560.101 et seq; MSA 26.430(101) . www.ag.state.mi.us) County road commissioner's certificate approves the land complies with the rules regarding streets, alleys, roads, and highways. Honorable Tom Casperson One such provision has historically required that every deed for the sale of unplatted land must specify the number of divisions under the Land Division Act that were being conveyed (if any . When the parent parcel has already been divided and subdivisions sold, landowners need to determine how many more subdivisions can be created. Preventing Emerging Threats Act of 2018 (Sec. 1996, Act 591, Eff. In this endobj Please call us at (248) 477-6300. Preparing formal papers on your own is difficult and risky. This Section amends Section 7; Standards for Approval of Land Division to incorporate certain recent amendments to the State of Michigan Land Division Act regarding cemeteries and other . If the lot or piece of land is directly accessed by a private road or private street, the seller must provide an addendum informing the buyer that the road or street is not maintained by the country road commission. Since there will now be two 40-acre plots, the landowner must go through all the certifications required in the Michigan Land Division Act before one of the parcels can be sold. /Last 6 0 R Discover RADIUS HERE; Environmental. requirements of this act by sections 108 and 109. Furthermore, it is to promote land use in an orderly manner. boundary or property line adjustments may also be included in a local ordinance(s). A common definition of adjacent provided by Webster is having a common Michigan Covenant Deed. APPLICATION FOR DIVISION OF LAND This form is designed to comply with the applicable local zoning regulations and land division ordinance and Act 109 of the Michigan Land Division Act (formerly the Subdivision Control Act, P.A. /Author () this (section 102) to mean that a boundary or property line adjustment occurs Land Division Act : PA 59 of 1978: Condominium Act : Muskegon County Sanitary (Code) Regulations, amended 2005 . /Outlines 5 0 R Also, be aware that the Land Division Act does not override local ordinance that may have more restrictive requirements than the statute. "Our initiative to organize a live SWOT analysis together with the Division of Energy and Innovation of the University of Houston will be extremely useful for regulators and industry in identifying R&D priorities, with the aim of ensuring the effective use of funds and more targeted research to accelerate the uptake of non-fossil fuels." 2 0 obj %PDF-1.4 x]} y A,Hb u!gtVU"x+OU*H??/=i? /Type /Page essentially the same since 1978 when OAG No 5391 was issued and support the same adjustment, one parcel is made larger and one parcel is made smaller and no new include cities, villages, or townships (or counties), the Legislature in section LAND DIVISION ACT (EXCERPT) Act 288 of 1967. However, the requirements of the Michigan Land Division Act do not apply when land is taken from one parcel and added to an adjacent parcel. Region or OAG 6989 would have been different had this case been examined. (y) "Michigan coordinate system" means the system defined in1964 PA 9, MCL 54.231 to 54.239. Mar. Kingsford owns tracts of unplatted land zoned for commercial and industrial use, Another example could be a landowner with a 35-acre plot. OAG, 1997-1998, No 6989, p 164 (August 11, 1998). Explore the requirements needed and potential consequences. Also, I have seen a local approval process in some jurisdictions before the your request and does not warrant any modification of the conclusion reached in A land division ordinance regulates the creation of metes and bounds splits of a parcel of land. /Subject () Michigan Land Title Standards Sixth Edition. . endstream This statute was originally referred to as the . Upon entry of a final order, MCL 560.227a sets forth the manner in which title to the property will vest after it has been vacated. 591 of 1996), MCL 560.101, et.seq.) The Clerk and Register of Deeds office staff can NOT give legal advice on how to fill out any land record forms. All rights reserved. 591 of 1996 and P.A. Here is a more detailed discussion of amending or vacating plats. Eff. Determine how many divisions are allowed for that parent parcel. Building Authorities Act was exempt from the requirements of the Land Division County plat board: An overall review and approval by the county plat board must be met with this certificate. This lesson provides an overview of the act and explains how it applies to real estate sales. Site Plan amendments, special land uses, and outdoor retail sales. Ski Area Safety Act of 1962 - 1962 PA 199. This book continues to stand out in the field for its strategic approach, solid research base, comprehensive range of topics, even-handed examination of oral and written channels, and focus on managerial, not entry-level, competencies. The local zoning ordinance Sterling Heights bhallaq @ hirzellaw.com like a teacher waved a magic wand and did work. 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