Family Subdivision

So you have piece of property that you would like to divide to create a parcel for a family member. At first blush, this would seem to be a very easy matter. Hold on to that thought and see what you think once you finish reading this.

First how big is the master property? Most jurisdictions often have a minimum lot size requirement on the master parcel, often at least 10 acres. Next you have to decide how big do you want the new parcel to be. This is very important as there are many factors in making the decision:

Are you on well and septic? If so, you must accommodate the new lot for a septic field and will need between a 100% and 200% reserve area depending on jurisdictional requirements.

How large a home do you wish to build and how big is the footprint?

Are there setbacks requirement and are there any easements to avoid?

Are there any deed restrictions or covenants that will affect what you are seeking?

Are the two new parcels going to have any shared easements such as a shared driveway?

Next, you will need a civil engineer to do a preliminary plat. Depending on the county, staff may be able to help you with the paperwork and processing, but most likely you will need either a Land Use consultant or Land Use Attorney to assist. You will also have to create a new Deed. In one locality that I work in, you are looking at about 100 pages of forms and documents. It can be daunting.

You should anticipate you costs upfront and don't be surprised to see it exceed $10,000. There are application fees, engineering fees, and attorney fees. All this and you have not started the design yet. It is definitely cheaper to do a family subdivision, but there are also restrictions. You normally have had to own the land five years up front and will need to hold the new parcel for at least five years.

A family subdivision can be a very good idea if you go into it aware of the process and aware of the costs and requirements. If you have questions on how to move forward with a family subdivision or any other land use questions, please reach out to me at ahaynes@beankinney,com. The preceding is for informational purposes, not legal. If you have a legal question, one of our attorneys would be happy to assist.