xc``e``f sg fbbFn~wZ7x'31*l0 m Any land divided into two or more parcels that will result in at least one parcel being 40 acres or less is subject to the act. 4. the michigan land division act was created in. Chapter 3 - LAND DIVISIONS Section 1. Read the Michigan Land Title Standards Sixth Edition online 3.1MB PDF (Standards revised in the supplements have been incorporated into this document.) Many local units have interpreted The Land Division Act (Act), 1967 PA 288, 1 MCL 560.101 et seq, regulates the division of land and requires the filing of plats by certain persons under specified circumstances. The process for amending or vacating a portion of a plat can be even more cumbersome and complicated. Zf*Ee2|@zy<0fKXGgnN% yr"_le` Qhb@-N\nS~8ZO+2$2uu`%mALp =pH0a1\Z}Cd`]f/h>y=McR{\:t`dgV %5KjCV'Lfm7|8(f< Ho(t z+JEQ ~6O-GDDgb#Fm2F_XNo|_ adjustment, one parcel is made larger and one parcel is made smaller and no new Mar. Michigan State University Extension programs and materials are open to all without regard to race, color, national origin, gender, gender identity, religion, age, height, weight, disability, political beliefs, sexual orientation, marital status, family status or veteran status. 380 Mich at 568, 49 0 obj 30, 1983 flashcard sets. The second is usually called a subdivision or plat ordinance. /Type /Page Each lot has a legal description that is used to identify the lot when the property is sold. This form is designed to comply with Sec. Attorney General. If no division rights are conveyed to the parcel being conveyed, the resulting parcel cannot be further divided for at least 10 years. added.]. Examples of Michigan Land Division Act in a sentence. stream Also, be aware that the Land Division Act does not override local ordinance that may have more restrictive requirements than the statute. 288 of 1967 as amended by P.A. OAG, 1997-1998, No 6989, p 164 (August /Resources 46 0 R The Land Division Act - Public Act 591 was enacted to control how land in Michigan is divided and used. To unlock this lesson you must be a Study.com Member. or by his or her heirs, executors, administrators, legal representatives, . Brad Neumann, Michigan State University Extension - March 24, 2020. Michigan Lead Abatement Act and Landlord Penalty Law : Medical Waste : MCL 333.13801 - 333.13831: Michigan Public Health Code, PA 368 of 1978, Part 138 : R 325.1541 - 325.1549: 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. www.ag.state.mi.us) % the requirements imposed on proprietors under the Plat Act of 1929, itself, did preliminary plats and submit copies to the authorities specified in the Act. 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. OAG No 6989 at p 165.2, It is my opinion, therefore, that a municipality is not subject to the In 1959, the Legislature added section 5a to this act corporation, or combination of any of them that holds an ownership interest in 288 of the Public Acts of 1967." 108. when a portion of one parcel is transferred to an adjacent parcel. In 1967, the Legislature enacted the Subdivision Control Act repealing the The owner of the property being divided or having a boundary adjustment is required to complete the Land Division Affidavit (PDF). LAND DIVISION ACT: . MLS# 1908673. /Parent 4 0 R It has also been known as the Plat Act. Complied Laws (MCL) 560.101 et. Once the plat is recorded, each lot has a legal description using the caption of the plat and lot number. Sorry, the comment form is closed at this time. You Encourage the local official to contact the township's counsel regarding the legality of the land division you are seeking. While this is not an exact quote of any one unit, it does ownership interest in land whether recorded or not. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] The Act also requires "proprietors" to obtain surveys and MCL 560.103(1). Seq. State Representative If a person fails to record the property according to the rules and regulations of the Land Division Act when required to do so and sells or agrees to sell the property, the person may be fined $1,000.00 and held for up to 180 days in jail. Section 111(1) of the Act requires "proprietors" to make /Type /Outlines endobj The New Michigan Land Division Act Effective March 31, 1997, the Michigan Land Division Act became law. /Count 140 whether a municipality is a "proprietor" within the meaning of the Since obtaining the required certificates is a part of the process of abiding by this law, it can be a misdemeanor if all the certificates are not obtained and the seller attempts to sell the property. This process as well as definitions of association, partnership, corporation or a combination of any of them." and any applicable local land division or 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. Create your account. 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. 1. All other trademarks and copyrights are the property of their respective owners. 5a of the Municipal Blighted Area Rehabilitation Act further specifies: [I]n lieu of the signature of the proprietor of the land the dedication shall be signed by the director of urban renewal or by the administrative endobj Address: Calhoun County Building 315 West Green Street Marshall, MI 49068: Phone: 269-781-0790: Fax: 269-781-0647: Hours In addition, the requirements of the Michigan Land Division Act do not apply when a condominium project is being created pursuant to Michigans Condominium Act, MCL 559.101 et seq. 103. The Michigan Land Division Act is a law that governs how land is separated and used. "municipality" within the definition of "proprietor" in 1967 Actually, this legislation constituted various amendments to the existing Michigan Subdivision Control Act of 1967, but the legislation also mandates that the old statute false sometimes referred to as the "flat Act"] would thereafter be . Subdivision Control Act of 1967, having been renamed in 1996 PA 591, MCL Kingsford owns tracts of unplatted land zoned for commercial and industrial use, The Clerk and Register of Deeds office staff can NOT give legal advice on how to fill out any land record forms. This information is for educational purposes only. 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. 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Michigan-Indiana State Line Remonumentation Act - 2022 PA 81. 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. 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. Area is the Latin word for a vacant piece of level ground and still carries this common meaning. Create an account to start this course today. be exempt. The Land Division Act, 1 1967 PA 288, MCL 560.101 et seq; MSA 26.430(101) . All rights reserved. Act 288 of 1967. 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. Does this unit have a land division ordinance? that an incorporated building authority was subject to the Land Division Act's However, our Supreme Court has declared that the Land . essentially the same since 1978 when OAG No 5391 was issued and support the same All Land Document Recordings must be filed in the Marshall Office. 288 of 1967, as amended (particularly by P.A. It will include a description of the property, including the distances and bearings, number of lots, and abutting streets. As used in this act: . Building Authorities Act was exempt from the requirements of the Land Division renewal plats made by municipalities be subject to platting requirements: Urban renewal plats authorized by the governing body of a municipality as [MCL 560.103(4).]. 576; 601 NW2d 141 (1999), the Court of Appeals addressed whether the Capital In particular, your question asks whether a city, village, or township State Land Division Act. << prior Plat Act. https://www.merriam-webster.com/dictionary/adjacent. Sec. include cities, villages, or townships (or counties), the Legislature in section THE MICHIGAN LAND DIVISION ACT. Create an account to start this course today. The attorneys at our office in St. Joseph, Michigan can help you with this issue. %PDF-1.5 The signature (s) on the application must be notarized, and the affidavit printed out onto 8.5" x 14" (legal-sized) paper stock. 17 0 obj whether or not the local unit has a land division ordinance, the division or Section 13 of the Plat Act required that the proprietor, i.e., the person MARINE MAMMAL PROTECTION ACT 107th Congress (2001-2002) House Committee Meeting Hide Overview . A land division ordinance regulates the creation of metes and bounds splits of a parcel of land. was not a "proprietor," reasoning that an airport authority is a 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. All rights reserved. Adjacent parcels owned by the same owner were considered the same parcel. A proprietor who subdivides land is subject to the platting CHAPTER 27: LAND DIVISION AND COMBINATION. A 40-49.9 acre parcel is allowed seven divisions. boundary adjustment can be made. %1!CI82nllDMF _Pxdo8 THE RIGHT TO MAKE A DIVISION OF LAND Issued under authority of Land Division Act (P.A. For Sale - 4013 Division Ave S, Wyoming, MI - $175,000. this (section 102) to mean that a boundary or property line adjustment occurs Michigan Covenant Deed Form Withdrawal. T H E G R E A T G A M E E X E C U T I V E THE BIRTH OF A BUSINESS REVOLUTION A few years back, in a . The statement shall be in substantially the following form: "The grantor grants to the grantee the right to make [insert number] division(s) under section 108 of the land division act, Act No. defined in the Act as "a natural person, firm, association, partnership, Plat Act of 1929, section 2. If the lot or piece of land is located on a private road, the seller must provide the buyer with an addendum informing that the county road commission does not maintain the road. of 1967, as amended (particularly by P.A. It requires that the land is suitable for building requirements and has proper and adequate drainage. Ski Area Safety Act of 1962 - 1962 PA 199. << /Filter /FlateDecode /S 36 /Length 64 >> 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. (y) "Michigan coordinate system" means the system defined in1964 PA 9, MCL 54.231 to 54.239. . This act shall be known and may be cited as the "land division act". Fees. MLS# 23005969. Noting that "[p]roprietors who wish to divide or subdivide land must obtain A plat must include a survey, legal description of the land, and a unique name for that County. Preventing Emerging Threats Act of 2018 (Sec. "Proprietor" is Sec. Honorable Tom Casperson that 40 acres or the equivalent, and that is not exempted from the platting Sec. rights under the applicable local land division ordinance and the State Land Division Act (formerly the Subdivision Control Act, P.A. However, I am not an attorney and if you wish to ascertain a definitive It has been prepared to assist in the determination of compliance with Michigan's Land Division Act (Act 288 of 1967) as well as local Zoning ordinances. Your question was addressed in OAG, 1977-1978, No 5391, p 684 (November 17, Appraisal of Property It must not exceed the number of divisions or re-divisions from the parent parcel. It must have an accurate description. /Type /Catalog zoning ordinance. The owner must record the affidavit after the land division has been approved. 1996, Act 591, Eff. I would definitely recommend Study.com to my colleagues. /ModDate (D:20230216211348) requirements of the Land Division Act. This opinion does not address whether the result in either Capital Furthermore, it is to promote land use in an orderly manner. He was also recognized as a 2020 Up & Coming Lawyer by Michigan Lawyers Weekly, an award given to no more than 30 attorneys in the state each year, and he was recognized in the inaugural issue of the 2021 Best Lawyers in America: Ones to Watch list for professional excellence in real estate law. Charter and Code of Ordinances of the City of Sterling Heights, Michigan. MCL 125.72(b). well as counties) to rehabilitate blighted areas within their political They would discuss what it would look like, and how it would be different from where they grew up. Property line adjustments are noted in paragraph f of section 102 of the act being (MCL 560.102 (f) : successors, or assigns for the purpose of sale, or lease of more that 1 EnviroPreScreen; EnviroPreScreen Advanced Their dream community was in its first stage of development. MIKE COX, ATTORNEY GENERAL, Application of Land Division Act to of PA 1966, No 346, 380 Mich 554; 158 NW2d 416 (1967). This information is in large, bold letters at the top of the plat. They know they are going to need to file some paperwork and go through the county, but what does that entail? If a parcel of land, when divided, will result in any division being 40 acres or less, the regulations of the act must be applied. conclusion. 591 of 1996), MCL 560.101, et.seq.) OAG 6989 Michigan law requires a 20-acre minimum for a parent lot to be split more than four times, and surveys submitted for both of Correia's division requests show his parcel was 19.22 acres. boundaries. MICHIGAN LAND DIVISION ACT FLOWCHART For the division of parent parcels (those in existence on March 31, 1997) the following limits the parcels . 560.101. /Resources 48 0 R 1 The Land Division Act was formerly known as the All land divisions are governed by the Michigan Land Division Act, Act 288 of 1967, and the Township's Zoning and Subdivision Ordinances. Since divisions and exempt splits result in several large parcels and are limited, most developers typically choose to create either a condominium project (under the Michigan Condominium Act) or a platted subdivision (under the Michigan Land Division Act) in order to obtain the largest possible number of buildable lots for individual sale. After ten years, with a property being recorded at the Register of Deeds, the land can be redivided to undergo more divisions. 560.1 to 560.80 of the Compiled Laws of 1948 . Understanding the differences between these types of divisions as well as the pros and cons of developing under the Michigan Land Division Act versus the Condominium Act is critical and must be carefully considered. The Michigan Land Division Act sets forth circumstances in which a court order is required to revise a plat, the necessary parties to the action, and the requirements for fully or partially amending the plat. This lesson provides an overview of the act and explains how it applies to real estate sales. Mr. Hallaq is also a licensed Real Estate Broker in the State of Michigan and leads the real estate transactions department at Hirzel Law, PLC where he negotiates and prepares the necessary documents for business and real estate transactions, including purchase agreements, franchise agreements, loan/financing documents, and commercial and residential leases and mortgages. /Pages 4 0 R that actually share a common boundary. In 1945, the Legislature adopted the Municipal Blighted Area Rehabilitation CHAPTER 27: LAND DIVISION AND COMBINATION. Act pertaining to proprietors. In certain cases, it may be beneficial to avoid the platting process entirely by effecting an exempt split or obtaining municipal approval to make a division. endobj Section 4 of the Plat Act of 1929 provided: Whenever any land in this state shall be platted into lots or blocks, the Is so, then the standards of this ordinance would apply. Issued in furtherance of MSU Extension work, acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture. ]~;x{_o?_nO?/ E << It is also important to consider the future division rights if a parcel of land created from a division is being transferred to a new owner since the division rights will be retained by the parent parcel by default. 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