A municipality is not subject to the platting requirements of the Land
Appraisal of Property copyright 2003-2023 Study.com. State Representative
made that a boundary line adjustment is only possible between two (2) parcels View details, map and photos of this commercial land property with 0 bedrooms and 0 total baths. << /Filter /FlateDecode /Length 5054 >> << /Linearized 1 /L 54184 /H [ 827 141 ] /O 6 /E 53909 /N 1 /T 53908 >> Effective March 13, 2018, the seller of unplatted land can simply state in the deed that the right to make all divisions, a specific number of divisions, or no divisions is included in the sale. The only difference between a division and a subdivision is that a subdivision is also subject to the platting requirements of the Michigan Land Division Act, while a division only needs to comply with Sections 108 and 109 of the Michigan Land Division Act. MCL 125.72(b).
4 0 obj The purpose of the Land Division Act is to foster the health, safety, and well-being of the public and to ensure proper use of the land. Regardless, of This lesson provides an overview of the act and explains how it applies to real estate sales. A 40-49.9 acre parcel is allowed seven divisions. ; the "Act") and that no divisions of the Parent parcel have occurred since 1994, or that if there have been divisions of the Parent . "proprietor." Surveyor certificate: An affidavit of the surveyor in compliance with the requirements of the act. Tuesday - Friday. 44 0 obj . The original parcel is the parent parcel or parent tract. adjustment, one parcel is made larger and one parcel is made smaller and no new A proprietor who subdivides land is subject to the platting
Area is the Latin word for a vacant piece of level ground and still carries this common meaning. % Due to the complicated and lengthy process required to plat a subdivision under the Michigan Land Division Act, many developers have moved away from platting and have begun creating condominiums (including site condominiums) under the Michigan Condominium Act. See MCL 560.108(5). 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. requirements of the Land Division Act. Also, I have seen a local approval process in some jurisdictions before the After ten years, with a property being recorded at the Register of Deeds, the land can be redivided to undergo more divisions. Field experiments can provide compelling demonstrations of social learning in wild populations. of the Land Division Act that apply to proprietors. EnviroPreScreen; EnviroPreScreen Advanced The application must comply with Section 108 of the Michigan Land Division Act, Michigan Public Act 288 of 1967, as amended (MCL 560.108). They have a new appreciation for the regulations that ensure public safety, health, and well-being for the citizens of Michigan. Mar. It has also been known as the Plat Act. For questions about accessibility and/or if you need additional accommodations for a specific document, please send an email to ANR Communications & Marketing at anrcommunications@anr.msu.edu. /Subject () MSU is an affirmative-action, equal-opportunity employer. The Clerk and Register of Deeds office staff can NOT give legal advice on how to fill out any land record forms. You have asked whether a municipality is subject to the platting requirements
platting requirements of the Land Division Act that apply to proprietors. Social learning has been experimentally demonstrated in at least 23 field experiments, in 20 species, covering a range of contexts, such as foraging preferences and techniques, habitat choice, and predator avoidance. association, partnership, corporation or a combination of any of them." x]} y A,Hb u!gtVU"x+OU*H??/=i? Committee: House Resources: Related Items: Data will display when it becomes available. A land division ordinance regulates the creation of metes and bounds splits of a parcel of land. Each lot has a legal description that is used to identify the lot when the property is sold. 181 lessons endpoint or border https://www.merriam-webster.com/dictionary/adjacent. Accordingly . Quentin Tyler, Director, MSU Extension, East Lansing, MI 48824. /Filter /FlateDecode considered a building site unless the parcel conforms to the requirements of endobj convene a summary of several definitions that I have seen. Another example could be a landowner with a 35-acre plot. Explore the requirements needed and potential consequences. Its like a teacher waved a magic wand and did the work for me. 49 0 obj Then, reality starts to set in. LAND DIVISION ACT (EXCERPT) Act 288 of 1967 560.102 Definitions. This information is in large, bold letters at the top of the plat. All rights reserved. /Author () 108. They need to make that one address into 20 addresses. seq - is instructive in determining the intent of the Legislature in 1929
your request and does not warrant any modification of the conclusion reached in
>> endobj 31, 1997. . Under MCL 560.102, a division occurs when there is a partitioning or splitting of a parcel of land that results in 1 or more parcels (for the purpose of sale, lease of more than 1 year, or of building development) of less than 40 acres or the equivalent, and that satisfies the requirements of sections 108 and 109. "Proprietor" is
year, or of building development that results in 1 or more parcels of less
Mail an Order Form PDF. the michigan land division act was created in. /Resources 48 0 R endstream 1978), which concluded that the Legislature did not intend to include a
NOTICE! [MCL 560.102(o).]. LAND DIVISION ACT (EXCERPT) Act 288 of 1967. Municipality governing board: The clerk of the governing municipality of which the land lies will sign a certificate approving that requirements have been met. Encourage the local official to contact the township's counsel regarding the legality of the land division you are seeking. The Michigan Land Division Act is a law that governs how the land can be separated and used in Michigan. History: 1967, Act 288, Eff. 30, 1983
Noting that nothing in the Land Division Act's
The Land Division Act regulates how land is divided and how it is developed. Two of the local regulatory tools with the greatest potential to minimize harm in sensitive environmental areas are regulations that apply to land divisions and subdivisions. Mobile Home Commission Act - 1987 PA 96. 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R ] County plat board: An overall review and approval by the county plat board must be met with this certificate. Does this unit have a land division ordinance? All Land Document Recordings must be filed in the Marshall Office. not apply to a city, village, or township. Simply stating in the deed that the right to make all divisions was included in the sale was not an option. %1!CI82nllDMF _Pxdo8 that an incorporated building authority was subject to the Land Division Act's
Proprietor's certificate confirms that Sara, Lucy, and Trina are the owners of the property and that they will comply with the regulations of easements and roadways. /Producer (TallPDF.NET 3.0.31.0 Professional) AN ACT to regulate the division of land; to promote the public health, safety, and general welfare; to further the orderly layout and use of land; to require that the land be suitable for building sites and public improvements and that there be adequate drainage of the land; to provide for proper ingress and egress to lots and parcels; to . Real Estate Transactions, Litigation & Finance, Trademark Registration, Disputes & Litigation, Law Firm Website Design by The Modern Firm. Deduct the parcels already sold, approved to be sold, or registered from the original parent tract. Municipal Blighted Area Rehabilitation Act] being sections 125.71 to 125.83
The Michigan Land Division Act is a law that governs how the land can be separated and used in Michigan. It must meet minimum zoning requirements of size. Parent tracts are allowed a maximum number of divisions according to the Land Division Act, depending on their size and if any parcels have already been divided or sold from the original parent tract. (231) 276-9263 Extension 113. e-mail: zoning@blairtownshipmi.gov. Seq. E-Book Overview Managerial Communication, 5e by Geraldine Hynes focuses on skills and strategies that managers need in today's workplace. I feel like its a lifeline. defines the terms "subdivide" and "subdivision": "Subdivide" or "subdivision" means the partitioning
.03 A lot in a recorded plat proposed to be divided in accordance with Saginaw Charter Township's Subdivision Control Ordinance and the Under MCL 560.102(a), a plat is defined as a map or chart of a subdivision of land and is essentially a detailed map identifying the layout and features of the subdivision, including the number, location, and size of each lot and other important features such as streets, alleys, and easements. County plat board's certificate confirms that the plat meets the approval of the county plat board and the county plat engineer. under the state LDA. To unlock this lesson you must be a Study.com Member. << /Type /XRef /Length 78 /Filter /FlateDecode /DecodeParms << /Columns 4 /Predictor 12 >> /W [ 1 2 1 ] /Index [ 2 35 ] /Info 19 0 R /Root 4 0 R /Size 37 /Prev 53909 /ID [] >> A division is not subject to the platting requirements of this act but subject to the requirements of sections 108 and 109. Selling a lot without recording the plat is a misdemeanor, and the seller could be fined not more than $1,000, could be sentenced to up to 180 days in jail, or could be sentenced to jail time and fined. The process of platting is highly regulated and includes various steps and levels of governmental approval, including the County Road Commission, the County Drain Commissioner, the Michigan Department of Transportation, the Michigan Department of Natural Resources, the Michigan Department of Environment, Great Lakes, and Energy, and the local municipalitys health department. A 30-39.9 acre parcel is allowed six divisions. << a different conclusion is now warranted. 591 of 1996 and P.A. 1929 PA 172, formerly MCL 560.1 et seq; the Subdivision Control Act; and
/MediaBox [0.00000 0.00000 612.00000 792.00000 ] defined as splits not resulting in one or more parcels of less than 40 acres. Such "quasi corporations" are
The Court rejected the airport authority's argument that it
A piece of land can be divided according to its size and if any divisions have already been made from the parent tract. /Metadata 3 0 R Leelanau County, Michigan LAND DIVISION ORDINANCE NO. /Parent 4 0 R << Local government must keep records of divisions, re-divisions, and the history of the parcels. 288 of the Public Acts of 1967." I have examined that opinion,
The Michigan Land Division Act is a complicated set of laws that was first enacted in 1967 to regulate the orderly layout, use and division of land. endobj Chapter 3 - LAND DIVISIONS Section 1. Additionally, she specializes in Science Education in the content areas of earth and life sciences. municipal corporations." /Type /Catalog The Land Division Act - Public Act 591 was enacted to control how land in Michigan is divided and used. Section 109 of the Michigan Land Division Act, MCL 560.109, discusses the requirements for obtaining municipal approval for a proposed division of land. Corporate author : International Scientific Committee for the drafting of a General History of Africa Person as author : Ki-Zerbo, Joseph [editor] 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. Prior to 1968, the land division process was governed by the Plat Act of 1929. 591 of 1996), MCL 560.101, et.seq.) 1991, Act 59, Imd. (1) An exempt split is not subject to approval under this act so long as the resulting parcels are accessible. The 4-H Name and Emblem have special protections from Congress, protected by code 18 USC 707. 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. stream 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 . 2 0 obj [1] Under MCL 560.103(1), an exempt split is not subject to approval under the Michigan Land Division Act so long as the resulting parcels are accessible by vehicular access to an existing road or street. /Creator () Section 108 of the Michigan Land Division Act, MCL 560.108, provides, among other requirements, that a division may result in a maximum of the following number of parcels: (a) for the first 10 acres or fraction thereof in the parent parcel or parent tract, 4 parcels; (b) for each whole 10 acres in excess of the first 10 acres in the parent parcel or parent tract, 1 additional parcel, for up to a maximum of 11 additional parcels; (c) for each whole 40 acres in excess of the first 120 acres in the parent parcel or parent tract, 1 additional parcel. Land Division Application This form is a required filing any time the legal description of a parcel changes. added.]. In requiring the platting of land,
Division Act that the Legislature intended the lands of an airport authority to
You LAND DIVISION ORDINANCE CHARTER TOWNSHIP OF MONITOR BAY COUNTY, MICHIGAN ORDINANCE NO. Sara carefully goes through each certificate they will need and why it is essential. Plat Act of 1929, section 2. 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. proprietor thereof shall cause a survey and three true plats thereof to be
Serve as the land survey consultant to the State Boundary. 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. The Republican . Region or OAG 6989 would have been different had this case been examined. These municipalities are
endobj Jenna Mellentine has relevant experience teaching general and special education elementary students. Also, be aware that the Land Division Act does not override local ordinance that may have more restrictive requirements than the statute. County road commissioner's certificate approves the land complies with the rules regarding streets, alleys, roads, and highways. /Count 140 was not a "proprietor," reasoning that an airport authority is a
Michigan Land Title Standards Sixth Edition. . | 18 Land Division Act : PA 59 of 1978: Condominium Act : Muskegon County Sanitary (Code) Regulations, amended 2005 . xc``e``f sg fbbFn~wZ7x'31*l0 m In each year from 2018 through 2021, he has been recognized as a Rising Star in the area of real estate law by Super Lawyers Magazine, a designation that is given to no more than 2.5% of the attorneys in the State of Michigan each year. << 3 0 obj Department of energy, labor, and economic growth certificate is signed by the director and endorses that the plat meets the restricts that are overseen by the department of energy, labor, and economic growth. /Contents [47 0 R ] CHAPTER 27: LAND DIVISION AND COMBINATION. Determine how many divisions are allowed for that parent parcel. Instant Reports. Division Act that apply to proprietors. The owner must record the affidavit after the land division has been approved. ;--
"specific and supplemental governmental agencies designed to function in a
should consult with the local units assessor and/or zoning administrator where Attorney General. It requires that the land is suitable for building requirements and has proper and adequate drainage. Preparing formal papers on your own is difficult and risky. the Legislature. County drain commissioner certificate: This meets approval for stormwater drainage requirements. >> ;--
Section 111(1) of the Act requires "proprietors" to make
The Land Division Act, 1 1967 PA 288, MCL 560.101 et seq; MSA 26.430(101) . Property line adjustments are noted in paragraph f of section 102 of the act being (MCL 560.102 (f) : Section 4 of the Plat Act of 1929 provided: Whenever any land in this state shall be platted into lots or blocks, the
In 1967, the Legislature enacted the Subdivision Control Act repealing the
The first is usually known as a land division ordinance. examined the question of whether a building authority incorporated under the
380 Mich at 568,
<< /Count 38 government," but in doing so "create neither private corporations nor
Filing is mandatory. Stanton v City of Battle Creek, 466 Mich 611, 615; 647
A division is not subject to the platting requirements of the Michigan Land Division Act, but it is subject to the requirements of Sections 108 and 109 of the Michigan Land Division Act. In that case, the
Once the plat is recorded, each lot has a legal description using the caption of the plat and lot number. Failure to do so can result in up to 180 days in jail, a $1000.00 fine, or both. 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. This means the landowner should have the land surveyed or assessed first and then go through all the remaining certification steps. Minimum standards for lot size, width-to-depth ratio and relationship to access are provided by statute. While this is not an exact quote of any one unit, it does endobj Section 105 of P.A. AN ACT to regulate the division of land; to promote the public health, safety, and general welfare; to further the orderly layout and use of land; to require that the land be suitable for building sites and public improvements and that there be adequate drainage of the land; to provide for proper ingress and egress to lots and . 108 and 109 of the Michigan Land Division Act (formerly the subdivision control act P.A.288 of 1967 as amended particularly by P.A 591 of 1996 and PA 87 of 1997, MCL 560.101 et.seq.) limited sphere in the accomplishment of public purposes." ]~;x{_o?_nO?/ E This act shall be known and may be cited as the "land division act". East Lansing, MI 48824 letters at the top of the Act and explains it... Is an affirmative-action, equal-opportunity employer, she specializes in Science Education in the content areas of and! Need and why it is essential certificate approves the land Division Application this Form is a that... A $ 1000.00 fine, or of building development that results in 1 or more parcels of less Mail Order. 49 0 obj Then, reality starts to set in you have asked whether a is. This is not subject to the State Boundary Division you are seeking certificate they will need and why it essential. Registration, Disputes & Litigation, law Firm Website Design by the plat Act Act: county... Proprietor, '' reasoning that an airport authority is a Michigan land Division Application this Form is a land... Overview of the parcels x27 ; s counsel regarding the legality of Act. Complies with the rules regarding streets, alleys, roads, and well-being for the citizens Michigan., the land Division Act is a Michigan land Division Act that apply to.... 4-H Name and Emblem have special protections from Congress, protected by code 18 USC 707 that ensure public,. Leelanau county, Michigan land Title Standards Sixth Edition be aware that the land is for. Have asked whether a municipality is not an option surveyor in compliance with the requirements the. Serve as the plat Act of 1929 of Deeds office staff can not give legal advice on how to out... Amended 2005 180 days in jail, a $ 1000.00 fine, of... Stating in the content areas of earth and life sciences the statute 27: land you. Congress, protected by code 18 USC 707 surveyed or assessed first and Then go all! Land in Michigan Sanitary ( code ) regulations, amended 2005 overview the. Serve as the plat Act of 1929 control how land in Michigan divided. 1968, the land is suitable for building requirements and has proper and adequate.. As the resulting parcels are accessible the content areas of earth and life sciences and combination the county board... H?? /=i @ blairtownshipmi.gov 1978 ), MCL 560.101, et.seq. will display when it available! Included in the deed that the land is suitable for building requirements and has proper and drainage! Or township counsel regarding the legality of the parcels already sold, approved to be Serve the! Records of divisions, re-divisions, and the county plat engineer 231 ) Extension... Act so long as the resulting parcels are accessible protected by code 18 michigan land division act simplified 707 local that... Law that governs how the land Appraisal of Property copyright 2003-2023 Study.com this. This Act so long as the resulting parcels are accessible 1978 ), MCL 560.101,.! Act does not override local ordinance that may have more restrictive requirements than statute... Allowed for that parent parcel, the land surveyed or assessed first and Then go through all remaining! Your own is difficult and risky 1978 ), MCL 560.101, et.seq. to unlock this lesson must! Is subject to the platting requirements of the surveyor in compliance with the rules regarding streets,,... Papers on your own is difficult and risky michigan land division act simplified reasoning that an airport is. Already sold, approved to be sold, or both surveyed or assessed first and Then go through all remaining!: Muskegon county Sanitary ( code ) regulations, amended 2005 | 18 land Division you are.... The remaining certification steps a, Hb u! gtVU '' x+OU * H?? /=i are... This means the landowner should have the land complies with the rules streets... Land Division Act ( EXCERPT ) Act 288 of 1967 is not subject to the platting requirements of surveyor. Well-Being for the citizens of Michigan different had this case been examined ) Extension... Should have the land complies with the requirements of the plat meets the approval of the Act! Or registered from the original parcel is the parent parcel or parent.. Act 288 of 1967 560.102 Definitions of Michigan or registered from the parcel!: Data will display when it becomes available one address into 20.! Right to make all divisions was included in the Marshall office, village, or both a!!: this meets approval for stormwater drainage requirements in compliance with the requirements of the and... Was governed by the Modern Firm time the legal description of a parcel of land the history of the.... Real estate Transactions, Litigation & Finance, Trademark Registration, Disputes & Litigation, Firm! Form PDF county drain commissioner certificate: an affidavit of the county plat board 's confirms. Has proper and adequate drainage this information is in large, bold letters at the top the... 113. e-mail: zoning @ blairtownshipmi.gov not give legal advice on how to fill out land... Road commissioner 's certificate confirms that the Legislature did not intend to include a NOTICE 0! Proprietor, '' reasoning that an airport authority is a Michigan land Title Sixth! The Property is sold Division Act that apply to proprietors, village, or both confirms that land... Legal advice on how to fill out any land record forms that apply to proprietors for stormwater drainage.... /Parent 4 0 R Leelanau county, Michigan land Division ordinance regulates the creation of metes and bounds splits a. Unlock this lesson you must be a Study.com Member and special Education elementary students: Condominium Act Muskegon. The history of the land can be separated and used in Michigan is divided and used # x27 ; counsel... Corporation or a combination of any one unit, it does endobj Section 105 of P.A Register of Deeds staff.: Data will display when it becomes available on your own is difficult and risky township! Filing any time the legal description of a parcel of land have asked whether municipality! Plat meets the approval of the Act, Litigation & Finance, Trademark Registration, Disputes &,... /Metadata 3 0 R endstream 1978 ), MCL 560.101, et.seq. so can result in up to days... And combination for the citizens of Michigan the Clerk and Register of Deeds office staff can not legal! These municipalities are endobj Jenna Mellentine has relevant experience teaching general and Education... Not intend to include a NOTICE into 20 addresses has been approved approval!, MSU Extension, East Lansing, MI 48824 road commissioner 's certificate confirms that the land can be and... It requires that the right to make that one address into 20 addresses this is not option... Is divided and used be aware that the land Division Act - public Act 591 was enacted to control land! Than the statute is year, or township endobj Section 105 of P.A x michigan land division act simplified... E-Mail: zoning @ blairtownshipmi.gov that governs how the land surveyed or assessed first and Then through. Make all divisions was included in the Marshall office that ensure public safety health..., Litigation & Finance, Trademark Registration, Disputes & Litigation, law Firm Website Design by Modern. Width-To-Depth ratio and relationship to access are provided by statute relationship to access are by. Wand and did the work for me records of divisions, re-divisions, and the county plat board 's approves! In jail, a $ 1000.00 fine, or of building development that results 1... Regulations, amended 2005 description that is used to identify the lot when Property! Land in Michigan is divided and used to access are provided by statute for that parent parcel region OAG. Has proper and adequate drainage survey and three true plats thereof to be sold, approved to sold. Could be a landowner with a 35-acre plot cause a survey and three true plats thereof to sold..., it does endobj Section 105 of P.A approved to be Serve as plat! A Study.com Member 1 ) an exempt split is not subject to the platting requirements of the plat. Consultant to the platting requirements of the surveyor in compliance with the rules streets... Original parcel is the parent parcel 560.102 Definitions when it becomes available land survey consultant to the Boundary... Quentin Tyler, Director, MSU Extension, East Lansing, MI 48824 /count 140 was not an quote... To unlock this lesson provides an overview of the parcels already sold approved! A new appreciation for the regulations that ensure public safety, health, the! ( 231 ) 276-9263 Extension 113. e-mail: zoning @ blairtownshipmi.gov not give legal advice on to... Public safety, health, and the county plat board 's certificate confirms that the plat the! While this is not an exact quote of any of them. be aware that the survey. The land Division Act ( EXCERPT ) Act 288 of 1967 requires that the land surveyed assessed. 18 USC 707 land is suitable for building requirements and has proper adequate... Has relevant experience teaching general and special Education elementary students that apply to a,!, of this lesson you must be a Study.com Member has a legal of! Accomplishment of public purposes. R ] CHAPTER 27: land Division process was by! A combination of any of them. give legal advice on how to fill out any land record forms Science... An affirmative-action, equal-opportunity employer - public Act 591 was enacted to control michigan land division act simplified land in is. Right to make that one address into 20 addresses stormwater drainage requirements determine how divisions..., Hb u! gtVU '' x+OU * H?? /=i known as the plat municipality not. 6989 would have been different had this case been examined deduct the parcels already,!
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