Land Development, Subdivisions, & Restrictive Covenants - Covenants On Property

Subdivisions of Property and the Law Property Law

The fast rising land value is tempting land owners to subdivide their lands and make big time money by initiating sales. Subdivision of land is the process by which a parcel of land is divided into two or more smaller lots having separate deeds. Home builders may buy some acreage and subdivide it to smaller individual portions. Subdividing land is also common for commercial and industrial development.

All landed properties cannot be subdivided. Property subdivision has to be done in accordance to the state planning laws. Only lands that are of sufficient size will be qualified for subdivision. It should also pass the site constraints test.

Regulations on division of a property may vary according to a state's subdivision bylaws. For creating subdivisions, a separate permit application should be filed with the local authority. You may also have to file a plat map along with the application and get it approved. The local authority, typically the planning commission or development review board, will assess the applications based on Town Planning Scheme, Local Planning Policies, relevant Outline Development Plans, and the Residential Design Codes. The time period for completing the clearance process may vary from one state to another. However, it is not expected to extend beyond three to four months. You can always consult a qualified land surveyor who can assist you in subdividing your land. Click here for a sample letter for subdivision construction.

Before selling your subdivided land to commercial operators, builders, or homeowners, you need to add value to it. Property subdivision includes a variety of activities associated with initial development. This includes installing roads and utilities, such as water supply, electricity, gas, and telephone. Proper planning is essential for a successful subdivision. You may seek the assistance of professional land subdivision service providers for appropriate designing, excavation works, and installation of utilities.

An owner or developer of a property who desires to sell it in small lots for residential purposes can declare protective and restrictive covenant over the parcels. A protective covenant or restrictive covenant is essential to ensure uniform and desirable use, occupancy, and improvements on the subdivisions. Click here for restrictive covenants.

Tips for Preparing Land Development, Subdivisions, & Restrictive Covenants

Real estate purchases are probably the most challenging processes due to small property details that most people don’t know to think about. Let’s dive much deeper into some specific circumstances and accelerate the process of work with real estate forms with the following tips:

  1. Check the legal rights of both parties. Ensure that all the parties have necessary capabilities to administer property before creating a document.
  2. Use state-specific real estate contracts. Rules for documents vary between states. Get the proper Land Development, Subdivisions, & Restrictive Covenants form in our library that consists of over 85 000 regularly-reviewed legal templates.
  3. Indicate all desired time frames. Bringing a Land Development, Subdivisions, & Restrictive Covenants into force is usually a stumbling block leading to a lot of misunderstandings and lawsuits between parties. Make starting dates clear from day one.
  4. Document property condition. Take photos or describe in writing the state of a house or flat and check if everything is in order on the time of releasing it to the another party.
  5. Take advantage of modern technologies. Save time making use of the available integrations with a comprehensive PDF editor and advanced eSignature solution. Benefit from our Premium subscription to fill out, check, revise, and certify your sales contracts without printing, manual filling, or scanning hard copies.