We see land splits relatively often, especially when creating new subdivisions. However, something to note is that rules and regulations for land splits vary from county to county and even city to city. Some things to keep in mind before splitting land are intentions of use, access, and surveys of land.
Whether splitting to sell land or buying a section of land that was recently split, make sure that you have done your due diligence to be sure you are able to use your land how you intend, such as to build. If you don’t take these preliminary steps, you may run into additional requirements you must complete before you are able to use the land as you like – if at all.
A legal right of access is necessary on all properties. When splitting land, if there isn’t access by way of a county-maintained road or previously created easement after the land is split is complete, you’ll need to have an easement created. A surveyor can help you with the location and description of the easement, and an attorney can draft the easement document for you.
It’s a good idea to get a survey of any land being split. Even if it’s not required by the county, this confirms the boundaries of the split. Sometimes when splitting land, your county may require a survey of the entire parcel of ground that will remain, not just the part that is being split off.
While there may be some requirements that are the same between counties, each county will have its own that need to be met before the land can be split, these can change at any time.
If you have any questions, it’s a good idea to call your county planning and zoning office, a surveyor, your title company, and/or a real estate attorney. They can help you navigate any questions you may have and confirm that you have met the necessary requirements.
