adjustment, one parcel is made larger and one parcel is made smaller and no new Therefore, we do NOT have ANY forms available in . County plat board: An overall review and approval by the county plat board must be met with this certificate. Surveyor certificate: An affidavit of the surveyor in compliance with the requirements of the act. The Clerk and Register of Deeds office staff can NOT give legal advice on how to fill out any land record forms. 560.108 Parent parcel or parent tract; number of parcels resulting from division; limitations; requirements. "proprietor" as not including a city, village, or township, continued County plat board's certificate confirms that the plat meets the approval of the county plat board and the county plat engineer. 344 of the Public Acts of 1945, as amended, [the Department of Energy, Labor, and Economic Growth: This certificate signifies all requirements of the land division act have been met. is subject to the platting requirements of the Act. /Type /Pages 50 ADOPTED: 01-28-2002 EFFECTIVE: 03-04-2002 An ordinance to regulate division or partitioning of parcels or tracts of land, enacted pursuant but not limited to Michigan Public Act 288 of 1967, as amended, (Michigan Land Division Act) and % Proprietors certificate: This certificate states that the plat shall include the minimum requirements. 4 0 obj CHAPTER 27: LAND DIVISION AND COMBINATION. endobj MCL 560.102(o). conclusion. Due to the complicated and lengthy process required to plat a subdivision under the Michigan Land Division Act, many developers have moved away from platting and have begun creating condominiums (including site condominiums) under the Michigan Condominium Act. A municipality is not subject to the platting requirements of the Land >> Date: 10/11/2001 Location: Data will display when it becomes available. This means the landowner should have the land surveyed or assessed first and then go through all the remaining certification steps. View When_Employees_Think___Act_Like_Owners.pdf from HIST 12 at University of Michigan, Dearborn. All land divisions are governed by the Michigan Land Division Act, Act 288 of 1967, and the Township's Zoning and Subdivision Ordinances. /Parent 4 0 R This Section amends Section 7; Standards for Approval of Land Division to incorporate certain recent amendments to the State of Michigan Land Division Act regarding cemeteries and other . Each parcel of land will have a caption of the plat with the lot number or section, name of town or municipality, and county. Your question was addressed in OAG, 1977-1978, No 5391, p 684 (November 17, Act 288 of 1967. They know they are going to need to file some paperwork and go through the county, but what does that entail? as well as relevant cases and statutory authority, and reach the same Municipal Blighted Area Rehabilitation Act] being sections 125.71 to 125.83 Also, I have seen a local approval process in some jurisdictions before the /Parent 4 0 R at 575. 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. Mail an Order Form PDF. %PDF-1.4 and any applicable local land division or "The grant of corporate A subdivision ordinance is adopted by a local unit of government to regulate the creation of more splits than are permitted under the land division provisions of the Land Division Act. MCL 125.72(b). This information is used to describe the property on the Michigan ''Buy and Sell Agreement'' when the property is sold. Landowners, including developers, must obtain all the certificates needed to record and sell a parcel of land. Elevator Safety Board - 1967 PA 227. Michigan Real Estate Broker Exam: Study Guide & Practice, Psychological Research & Experimental Design, All Teacher Certification Test Prep Courses, Air, Mineral & Water Rights in Real Estate, Real Estate Land Use Controls & Regulations, Basic Real Estate Financing Terms & Concepts, Michigan Licensing & Statutory Requirements, Land Division Act - Public Act 591: Definition & Overview, Understanding Michigan Landlord-Tenant Laws, Michigan Real Estate Transfer Tax: Definition & Calculation, Michigan Condominium Act: Definition & Overview, Michigan State Housing Development Authority: Definition & Role, Michigan Antitrust Reform Act: Definition & Overview, Michigan Right to Farm Act: Definition & Overview, Riparian Rights in Michigan: Definition & Overview, Michigan Real Estate Broker Exam Flashcards, Principles of Business Ethics: Certificate Program, Introduction to Computing: Certificate Program, DSST Computing and Information Technology: Study Guide & Test Prep, Introduction to Business: Homework Help Resource, Business Law Syllabus Resource & Lesson Plans, Business Math Curriculum Resource & Lesson Plans, Public Speaking for Teachers: Professional Development, Workplace Communication for Teachers: Professional Development, Subdivided Lands in Minnesota Real Estate, Voice of the Customer: Template & Examples, Six Sigma: Critical-to-Quality (CTQ) Trees, Critical-to-Quality: Definition & Characteristics, Management Information Systems - Assignment 2: Case Study, Union & Labor Relations - Assignment 1: Timeline Analysis, Union & Labor Relations - Assignment 2: Analysis Paper, Evolution of Managerial Communication Theory, Impacts of Managerial Communication on Processes & Relationships, The Three Layers of Managerial Communications, Critical Communication Errors in Managerial Communications, Technology Related Barriers in Managerial Communications, Matching Technology to the Message in Managerial Communications, Nonverbal Signs of Deception in the Workplace, Win-Win Conflict Resolution in Managerial Communications, Working Scholars Bringing Tuition-Free College to the Community. /Type /Page >> Lansing, Michigan 48909. . 6 0 obj These are usually two separate ordinances that are linked to the zoning ordinance, but because the authority for them derives from a statute different from the zoning enabling acts, they are adopted as separate ordinances. This book continues to stand out in the field for its strategic approach, solid research base, comprehensive range of topics, even-handed examination of oral and written channels, and focus on managerial, not entry-level, competencies. Mr. Hallaq is also a licensed Real Estate Broker in the State of Michigan and leads the real estate transactions department at Hirzel Law, PLC where he negotiates and prepares the necessary documents for business and real estate transactions, including purchase agreements, franchise agreements, loan/financing documents, and commercial and residential leases and mortgages. The owner must record the affidavit after the land division has been approved. A proprietor who subdivides land is subject to the platting The signature (s) on the application must be notarized, and the affidavit printed out onto 8.5" x 14" (legal-sized) paper stock. Jan. 1, 1968 CHAPTER 27: LAND DIVISION AND COMBINATION. stream 19 chapters | . Since divisions and exempt splits result in several large parcels and are limited, most developers typically choose to create either a condominium project (under the Michigan Condominium Act) or a platted subdivision (under the Michigan Land Division Act) in order to obtain the largest possible number of buildable lots for individual sale. 1967 in conjunction with Michigan's Public Health Code, Act 368, P.A. 560.101. MCL 560.227a of the Land Division Act, MCL 560.101 et seq. 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. endobj Minimum standards for lot size, width-to-depth ratio and relationship to access are provided by statute. or splitting of a parcel or tract of land by the proprietor thereof Michigan State University Extension programs and materials are open to all without regard to race, color, national origin, gender, gender identity, religion, age, height, weight, disability, political beliefs, sexual orientation, marital status, family status or veteran status. How to Establish a Prescriptive Easement in Michigan. State Land Division Act. Issued in furtherance of MSU Extension work, acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture. defined as splits not resulting in one or more parcels of less than 40 acres. Noting that nothing in the Land Division Act's Seq. I feel like its a lifeline. (y) "Michigan coordinate system" means the system defined in1964 PA 9, MCL 54.231 to 54.239. . /Keywords <> PA 288, then known as the Subdivision Control Act. For Sale - Tbd West Lot Starvation Lake Rd, Mancelona, MI - $35,900. Sec. Fees. 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. Many local units have interpreted 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. /Outlines 5 0 R essentially the same since 1978 when OAG No 5391 was issued and support the same This lesson provides an overview of the act and explains how it applies to real estate sales. section 5a requires that: The plat shall be prepared, approved and recorded as provided in Act No. whether a municipality is a "proprietor" within the meaning of the The ADMINISTRATIVE RULES governing ON-SITE WATER SUPPLY AND SEWAGE DISPOSAL FOR LAND DIVISIONS AND SUBDIVISIONS were created under authority of Michigan's Condominium Act, Act 59 PA 1978 and Michigan's Land Division Act, Act 288, P.A. It was amended in March 1997. endobj Property line adjustments are noted in paragraph f of section 102 of the act being (MCL 560.102 (f) : 4 0 obj in compliance with the local zoning ordinance. See MCL 560.109(3). They have a new appreciation for the regulations that ensure public safety, health, and well-being for the citizens of Michigan. to permit municipalities, under certain circumstances, to plat or replat an area added.]. Committee: House Resources: Related Items: Data will display when it becomes available. MCL 1 0 obj Jan. 1, 1968; Am. "Government survey" means the land surveyed, subdivided and monumented by the United States public land survey. In each year from 2018 through 2021, he has been recognized as a Rising Star in the area of real estate law by Super Lawyers Magazine, a designation that is given to no more than 2.5% of the attorneys in the State of Michigan each year. 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. If a parent parcel lawfully in existence as of March 31, 1997 contains a total of 40 acres, the property owner could potentially apply for a division to create a total of 7 parcels (4 parcels for the first 10 acres and an additional parcel for each additional 10 acres) if all of the other requirements of the Michigan Land Division Act are satisfied. flashcard sets. >> OAG 6989 Section 4 of the Plat Act of 1929 provided: Whenever any land in this state shall be platted into lots or blocks, the (2) Subject to subsection (3), the division, together with any previous divisions of the same parent parcel or . 19 chapters | Charter and Code of Ordinances of the City of Sterling Heights, Michigan. [MCL 560.102(f); emphasis See Figure 3.3. The Legislature, consistent with a reading of the term 181 lessons E-Book Overview Managerial Communication, 5e by Geraldine Hynes focuses on skills and strategies that managers need in today's workplace. "Our initiative to organize a live SWOT analysis together with the Division of Energy and Innovation of the University of Houston will be extremely useful for regulators and industry in identifying R&D priorities, with the aim of ensuring the effective use of funds and more targeted research to accelerate the uptake of non-fossil fuels." A 640 acre section of land showing proposed divisions of the northwest quarter of the northwest quarter (parent . A proprietor who subdivides land is subject to the platting requirements of the Land . The Michigan Land Division Act is a law that governs how land is divided and used in Michigan. In 1959, the Legislature added section 5a to this act platting requirements of the Land Division Act that apply to proprietors. government," but in doing so "create neither private corporations nor I Each certificate ensures certain requirements have been met and that the final plat can be recorded: Failing to comply with the Land Division Act can have consequences for landowners with intentions of selling. Possession of . The Court rejected the airport authority's argument that it a?UNs Brandan A. Hallaq is an attorney with Hirzel Law, PLC where he litigates cases involving defective construction, contract disputes, shareholder/member disputes, quiet title actions to determine interests in property, enforcement of restrictive covenants, real estate foreclosure actions, and bankruptcy matters representing creditors. endobj Prior to 1968, the land division process was governed by the Plat Act of 1929. << STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL. In that case, the Am. /Contents [45 0 R ] They would discuss what it would look like, and how it would be different from where they grew up. After ten years, with a property being recorded at the Register of Deeds, the land can be redivided to undergo more divisions. defined in the Act as "a natural person, firm, association, partnership, T H E G R E A T G A M E E X E C U T I V E THE BIRTH OF A BUSINESS REVOLUTION A few years back, in a . MLS# 1908673. This information is in large, bold letters at the top of the plat. endobj Sara, Lucy, and Trina are impressed with the detail that goes into dividing the two acres. -speed up platting process. June 27, 1991 % A plat must include a survey, legal description of the land, and a unique name for that County. Since there will now be two 40-acre plots, the landowner must go through all the certifications required in the Michigan Land Division Act before one of the parcels can be sold. The Land Division Act is the Michigan statute for dividing property (exempt divisions, divisions, bonus divisions, re-divisions, subdivisions), establishing local government review and approval of splitting a parcel of land, and is the enabling statute for county, village, city or township land division and subdivision ordinances . The attorneys at our office in St. Joseph, Michigan can help you with this issue. 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. Act, which permits municipalities (including cities, villages, and townships, as The Land Division Act (Act), 1967 PA 288,1 MCL 560.101 et seq, Current and prospective owners of land in Michigan will benefit from understanding some basics of the Land Division Act. endobj . 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. The Michigan Land Division Act is a complicated set of laws that was first enacted in 1967 to regulate the orderly layout, use and division of land. "proprietor[s]" the requirement for submitting, obtaining approval of, Division Act that the Legislature intended the lands of an airport authority to A 30-39.9 acre parcel is allowed six divisions. Department of energy, labor, and economic growth certificate is signed by the director and endorses that the plat meets the restricts that are overseen by the department of energy, labor, and economic growth. THE MICHIGAN LAND DIVISION ACT. << /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 >> Zf*Ee2|@zy<0fKXGgnN% yr"_le` Qhb@-N\nS~8ZO+2$2uu`%mALp =pH0a1\Z}Cd`]f/h>y=McR{\:t`dgV %5KjCV'Lfm7|8(f< Ho(t z+JEQ ~6O-GDDgb#Fm2F_XNo|_ 17 0 obj Serve as the land survey consultant to the State Boundary. Complied Laws (MCL) 560.101 et. **Draft Skilled Trades Regulation Rules Coming Soon **. In Capital Region Airport Authority v DeWitt Charter Twp, 236 Mich App Site Plan approval for commercial, industrial and residential multiple family and site condominium developments. It has been prepared to assist in the determination of compliance with Michigan's Land Division Act (Act 288 of 1967) as well as local Zoning ordinances. A land division ordinance may be adopted by a local unit of government pursuant to Section 109 of the Land Division Act, Public Act 288 of 1967, as amended (MCL 560.109). A 20-29.9 acre parcel is allowed five divisions. /Kids [7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R 15 0 R 16 0 R As of March 1997, when the law was amended, the parent tract was the shape and size of the present parcel. The Land Division Act, 1 1967 PA 288, MCL 560.101 et seq; MSA 26.430(101) . Seq. << /Filter /FlateDecode /S 36 /Length 64 >> considered a building site unless the parcel conforms to the requirements of I feel like its a lifeline. Failure to comply with the Land Division Act has severe consequences. This form is designed to comply with Sec. /Length 3089 Michigan-Indiana State Line Remonumentation Act - 2022 PA 81. Michigan law requires a 20-acre minimum for a parent lot to be split more than four times, and surveys submitted for both of Correia's division requests show his parcel was 19.22 acres. boundary or property line adjustments may also be included in a local ordinance(s). Create an account to start this course today. This information is for educational purposes only. boundaries. Read the Michigan Land Title Standards Sixth Edition online 3.1MB PDF (Standards revised in the supplements have been incorporated into this document.) Does this unit have a land division ordinance? 27 0 R 28 0 R 29 0 R 30 0 R 31 0 R 32 0 R 33 0 R 34 0 R 35 0 R 36 0 R /Contents [47 0 R ] Division Act that apply to proprietors. and of succeeding Legislatures, and confirms their understanding that the term May 31, 2016. of the Compiled Laws of 1948, shall conform to this act. Michigan Covenant Deed Form Withdrawal. Section 105 of P.A. Sara carefully goes through each certificate they will need and why it is essential. Quentin Tyler, Director, MSU Extension, East Lansing, MI 48824. A land division ordinance may be adopted by a local unit of government pursuant to Section 109 of the Land Division Act, Public Act 288 of 1967, as amended (MCL 560.109). Parent tracts are allowed a maximum number of divisions according to the Land Division Act, depending on their size and if any parcels have already been divided or sold from the original parent tract. examined the question of whether a building authority incorporated under the the requirements imposed on proprietors under the Plat Act of 1929, itself, did The size of the original parcel of land designated how many allowable divisions it could undergo. Chapters | Charter and Code of Ordinances of the surveyor in compliance with the detail that into! < STATE of Michigan parcels resulting from Division ; limitations ; requirements ordinance! 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