4 Reasons You Will Need A Property Lawyer When Subdividing Land

Posted on: 20 July 2015

Land subdivision is a common step before selling off land or when planning to gift certain lots to other people. Whatever your reason for subdivision is, it is important to involve a property lawyer during the process. A property lawyer can help provide legal guidance through the crucial steps of the process. Read on to see what these important steps are.

Permits & local planning regulations

Before you can subdivide your land, it's important to first seek a permit from the local authorities. At this stage, the qualification of your subdivision will be evaluated depending what the current laws say about subdivision. Some areas may have restrictions on subdivision in an effort to preserve land or control development. In other areas, you may find that you cannot divide land below a certain lot size. A property lawyer will advise you on getting a permit so that you get your permit on time and without too much fuss.

Easements & encumbrances

Permit or not, there are other obstacles that can bring your land subdivision process to a halt. These include encumbrances and easements. Encumbrances entail any legal claim that puts a hold on your title's activity e.g. sale, lease or subdivision. If you have a pending encumbrance, your property lawyer will have to get it lifted first so that you proceed with the sale. Your subdivision process can also be affected by easements, e.g. where the subdivision will affect paths or utility lines. Your property lawyer will have to show how your subdivision process will not affect other people using these easements passing though the property.

Changing land use

If you are planning to change the original land use of the property after the subdivision, you will have to issue a notice to the council and those around you first. Your property lawyer can help validate your case as to why you wish to make the change. He/she will also be vital in showing how the change in land use will not affect normalcy for other property owners round you.  If any disputes are filed against your notice, your property lawyer will act as your representative in showing reasonable cause for the application.

Conveyancing & surveying

Once you have your permits to proceed. Your property lawyer will work with a surveyor and spearhead the drawing of the new plans. They will then present them to the local planning office for approval. Once the approval is granted, they will then file them with the title office and process the issuance of new titles.

As you can see, legal help in a subdivision process is vital. If any disputes arise due to boundaries, change of land use or encumbrance, a property lawyer from a firm like Andrew B Thiele & Co will be in a position to represent you in court for a litigation process as well.