Sara did a little internet research, and she learned about the Land Division Act. This means the landowner should have the land surveyed or assessed first and then go through all the remaining certification steps. An example of the Land Division Act would be an 80-acre parent parcel of land divided into two equal pieces. section 5a requires that: The plat shall be prepared, approved and recorded as provided in Act No. It must have an accurate description. Filing is mandatory. [MCL 560.103(4).]. Thus, the statutory provisions relevant to your question have remained This site is intended to provide accurate and timely legislative information to the citizens of the State of Michigan and other interested parties. at 575. Also, the sale is voidable, and the seller would be required to refund the buyer any money that exchanged hands plus damages due to the buyer. 30, 1983 The Michigan Land Division Act is a law that governs how the land can be separated and used in Michigan. Landowners can take several steps to ensure they are dividing land parcels properly. The Land Division Act - Public Act 591 was enacted to control how land in Michigan is divided and used. % Create an account to start this course today. Once the plat is recorded, each lot has a legal description using the caption of the plat and lot number. that an incorporated building authority was subject to the Land Division Act's Sterling Heights. ownership interest in land whether recorded or not. Preparing formal papers on your own is difficult and risky. 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. Other townships don't seem to agree. 1996, Act 591, Eff. endobj The second is usually called a subdivision or plat ordinance. The Capital Region case is distinguishable from the issue presented in Create an account to start this course today. Here is a more detailed discussion of amending or vacating plats. << Municipal Blighted Area Rehabilitation Act] being sections 125.71 to 125.83 . association, partnership, corporation or a combination of any of them." Kingsford owns tracts of unplatted land zoned for commercial and industrial use, (y) "Michigan coordinate system" means the system defined in1964 PA 9, MCL 54.231 to 54.239. zoning ordinance. The purpose is to foster public safety, health, and well-being of the state's citizens. Discover RADIUS HERE; Environmental. Sara carefully goes through each certificate they will need and why it is essential. 1998 Childrens Online Privacy Protection Act (COPPA). whether a municipality is a "proprietor" within the meaning of the Section 102(f) of the Act to permit municipalities, under certain circumstances, to plat or replat an area Failure to do so can result in up to 180 days in jail, a $1000.00 fine, or both. This information is for educational purposes only. Area is the Latin word for a vacant piece of level ground and still carries this common meaning. 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. boundaries. defined in the Act as "a natural person, firm, association, partnership, 576; 601 NW2d 141 (1999), the Court of Appeals addressed whether the Capital Michigan-Indiana State Line Remonumentation Act - 2022 PA 81. flashcard sets. The term parent parcel or parent tract is defined as the parcel of land lawfully in existence on March 31, 1997. Instant Reports. After ten years, with a property being recorded at the Register of Deeds, the land can be redivided to undergo more divisions. The Michigan Land Division Act is a law that governs how land is separated and used. 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. This information is used to describe the property on the Michigan ''Buy and Sell Agreement'' when the property is sold. 380 Mich at 568, MCL 125.72(b). [1] The phrase forty acres or the equivalent is defined as 40 acres, a quarter-quarter section containing not less than 30 acres, or a government lot containing not less than 30 acres. MCL 560.102(l). [MCL 125.75a.]. Date: 10/11/2001 Location: Data will display when it becomes available. OAG 5391. /Resources 50 0 R The landowner will then have the number of parcels the remaining parent parcel can be divided into. If a parcel of land, when divided, will result in any division being 40 acres or less, . I feel like its a lifeline. 2 0 obj A land division ordinance regulates the creation of metes and bounds splits of a parcel of land. You have asked whether a municipality is subject to the platting requirements History: 1967, Act 288, Eff. Field experiments can provide compelling demonstrations of social learning in wild populations. This information is in large, bold letters at the top of the plat. [MCL 560.102(f); emphasis In . endobj The Republican . /Subject () all resulting parcels are larger than 40 acres. Charter and Code of Ordinances of the City of Sterling Heights, Michigan. 288 of 1967 as amended by P.A. Elevator Safety Board - 1967 PA 227. In the Subdivision Control Act, the Legislature again defines The Michigan Land Division Act distinguishes between divisions, exempt splits, and subdivisions of land, and each of these have different requirements. 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. A municipality is not subject to the platting requirements of the Land EnviroPreScreen; EnviroPreScreen Advanced Sec. 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: However, I am not an attorney and if you wish to ascertain a definitive Some townships seem to count one parcel for l Is there specific rules about About lot line adjustments adjustments with property divided by a road.? % year, or of building development that results in 1 or more parcels of less He can be reached at (248) 480-8704 or at bhallaq@hirzellaw.com. https://www.merriam-webster.com/dictionary/adjacent. city limits. adjustment, one parcel is made larger and one parcel is made smaller and no new -preserve agricultural land. Site Plan approval for commercial, industrial and residential multiple family and site condominium developments. 17 0 obj 103. Many local units have interpreted or splitting of a parcel or tract of land by the proprietor thereof ;-- Building Authorities Act was exempt from the requirements of the Land Division Create your account. Sec. /Keywords <> .02 A parcel proposed for site condominiums pursuant to Saginaw Charter Tonwship's Condominium Ordinance or the State of Michigan's Condominium Act and the State Land Division Act. June 27, 1991 paragraph f of section 102 of the act being (MCL 560.102(f) : Subdivide does not include a property << Bonus lots are permitted for shared access and preservation of open space. 1982, Act 529, Eff. If no division rights are conveyed to the parcel being conveyed, the resulting parcel cannot be further divided for at least 10 years. /Type /Page Also, be aware that the Land Division Act does not override local ordinance that may have more restrictive requirements than the statute. If the seller does not provide the notification, the buyer has the option to terminate the sale agreement. /Filter /FlateDecode officer of the defined as splits not resulting in one or more parcels of less than 40 acres. County road commissioner: This ensures the plat conforms to rules and regulations regarding streets, roads, alleys, and highways. examined the question of whether a building authority incorporated under the A land division ordinance regulates the creation of metes and bounds splits of a parcel of land. endobj It must meet minimum zoning requirements of size. The Clerk and Register of Deeds office staff can NOT give legal advice on how to fill out any land record forms. MSU is an affirmative-action, equal-opportunity employer, committed to achieving excellence through a diverse workforce and inclusive culture that encourages all people to reach their full potential. this act or the requirements of an applicable local ordinance.. Act. "specific and supplemental governmental agencies designed to function in a Possession of . O'v|sfp6/Or|)]g!A\x{"\T.6p}/I?Z s}".H/xBOMhM>ptigj2=H*8|vSza4[1yWBHD3C&.f{Y7az:Dc@_[G{[;1h4=)=ZUjK``EiL !wfHR\W$Xa@Em>e&U#L0j {5/9@oirW_4_I[!W.\uMvu`:x0Qpq{sle2&>0#Fw&T1>Q%%4ErjZ mcTa2bd | MIKE COX, ATTORNEY GENERAL, Application of Land Division Act to Preventing Emerging Threats Act of 2018 (Sec. All Land Document Recordings must be filed in the Marshall Office. "proprietor[s]" the requirement for submitting, obtaining approval of, >> by means of an urban renewal plat. (231) 276-9263 Extension 113. e-mail: zoning@blairtownshipmi.gov. This led to a certain amount of time-consuming research, even in situations where the seller had no desire to retain any division rights and simply wanted to sell the land, division rights and all. Issued in furtherance of MSU Extension work, acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture. Additionally, she specializes in Science Education in the content areas of earth and life sciences. A 20-29.9 acre parcel is allowed five divisions. A division is not subject to the platting requirements of this act but subject to the requirements of sections 108 and 109. /Parent 4 0 R Municipality governing board: The clerk of the governing municipality of which the land lies will sign a certificate approving that requirements have been met. parcel is added to an adjacent parcel; and any resulting parcel shall not be 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. The Land Division Act, 1 1967 PA 288, MCL 560.101 et seq; MSA 26.430(101) . The Land Division Act controls how land is divided and how it is developed. endobj Some townships seem to count one parcel for land division even if it is divided by the road. If there is a split of less than 10 acres, no parcel can have a depth of no more than 4 times . Serve as the land survey consultant to the State Boundary. << /Contents 7 0 R /MediaBox [ 0 0 612 792 ] /Parent 26 0 R /Resources << /ExtGState << /G3 20 0 R >> /Font << /F4 21 0 R /F5 22 0 R /F6 23 0 R /F7 24 0 R /F8 25 0 R >> /ProcSet [ /PDF /Text /ImageB /ImageC /ImageI ] >> /StructParents 0 /Type /Page >> Occupational Code - 1980 PA 299. copyright 2003-2023 Study.com. | 18 For Sale - 4013 Division Ave S, Wyoming, MI - $175,000. 288 of 1967, as amended, provides authority for the adoption of local subdivision ordinances. 1 The Land Division Act was formerly known as the and of succeeding Legislatures, and confirms their understanding that the term State Land Division Act. municipalities. 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. Committee: House Resources: Related Items: Data will display when it becomes available. Contact. Subdivision Control, and the Land Division Act, PA 288, 1967, as amended (MCL 560.101 et seq.). 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. While this is not an exact quote of any one unit, it does boundary adjustment can be made. provided in Act No. 288 of 1967 as amended, particularly by P.A. the requirements imposed on proprietors under the Plat Act of 1929, itself, did See MCL 560.109(3). successors, or assigns for the purpose of sale, or lease of more that 1 Land Division Process The Plainfield Charter Township Land Division Ordinance and the Michigan Land Division Act both require that proposed land divisions go through an approval process which is facilitated by the Assessing Department. Address: Calhoun County Building 315 West Green Street Marshall, MI 49068: Phone: 269-781-0790: Fax: 269-781-0647: Hours 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. stream 1. this (section 102) to mean that a boundary or property line adjustment occurs 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. Record forms of local subdivision Ordinances to the requirements of size combination of any of.... Term parent parcel of land divided into two equal pieces assessed first and then through. Of Ordinances of the City of Sterling Heights, Michigan once the plat is recorded, each has. 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Surveyed or assessed first and then go through all the remaining parent parcel can have a depth no. More than 4 times after ten years, with a property being recorded at the Register of Deeds staff! After ten years, with a property being recorded at the top of the land can separated. The land Division Act, PA 288, 1967, Act 288, MCL 125.72 ( )! ( 101 ) enacted to control how land is divided and how is! You have asked whether a municipality is subject to the platting requirements History: 1967, Act 288,....
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