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The process of legally splitting land can vary depending on the jurisdiction and specific regulations in place. However, here are some general steps that you may need to follow:
- Research local regulations: Start by researching the specific laws and regulations governing land division in your jurisdiction. These regulations may include zoning laws, subdivision ordinances, and environmental requirements. You can consult with local planning departments or land-use authorities to obtain relevant information.
- Engage a surveyor: Hire a professional land surveyor to conduct a survey of the land you wish to split. The surveyor will identify and mark the boundaries of the property accurately. This survey is crucial for creating new legal descriptions for the divided parcels.
- Consult with an attorney: It’s wise to consult with a real estate attorney who is familiar with land division laws in your area. They can guide you through the legal process and ensure compliance with all necessary requirements.
- Create a subdivision plan: Prepare a detailed subdivision plan that outlines the proposed division of the land. This plan typically includes the new property boundaries, any proposed roads or easements, and the location of utilities if applicable. The plan should comply with all local regulations.
- Obtain necessary permits: Depending on the jurisdiction, you may need to obtain permits or approvals from various governmental bodies. This can include planning commissions, zoning boards, or environmental agencies. Submit your subdivision plan and any required documents for review and approval.
- Address infrastructure requirements: In some cases, when dividing land, you may be required to provide or upgrade infrastructure such as roads, utilities, or drainage systems. Ensure compliance with any infrastructure requirements imposed by local authorities.
- Create new legal descriptions: Once your subdivision plan is approved, you will need to create new legal descriptions for each divided parcel. These descriptions precisely define the boundaries of each individual lot. Your attorney can assist you in preparing these legal documents.
- Record the division: Record the new legal descriptions and associated documents with the appropriate government office, such as the county recorder’s office. This step officially establishes the divided parcels as separate legal entities.
It’s essential to note that the land division process can be complex and time-consuming. Local regulations and procedures may vary, so it’s crucial to consult with professionals familiar with land division laws in your specific jurisdiction. Consulting with a real estate attorney, surveyor, and local planning authorities will help ensure compliance and a smooth division of the land.
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