REAL ESTATE LAW CORPORATION

Parcel Splits vs. Lot Line Adjustments: Choosing the Right Path for Your Needs

Parcel Splits vs. Lot Line Adjustments: Choosing the Right Path for Your Needs

Parcel Splits vs. Lot Line Adjustments: Choosing the Right Path for Your Needs

Introduction

Property ownership brings both opportunities and responsibilities, and occasionally, property boundaries need modification to better align with your objectives or resolve disputes with neighbors. Two common approaches to achieve these modifications are parcel splits and lot line adjustments. Understanding the differences between these options and when to choose one over the other is crucial for property owners seeking to tailor their land holdings to their specific needs. In this comprehensive guide, we’ll explore parcel splits and lot line adjustments, helping property owners make informed decisions about which path to pursue.

I. Parcel Splits: Creating New Parcels

A parcel split, often referred to as a land division or property split, is the legal process of dividing a single property into two or more separate parcels. Property owners typically pursue parcel splits for various reasons, including:

Development: Subdividing a larger property into smaller lots to accommodate multiple residences, commercial structures, or other development projects.

Inheritance Planning: Passing down portions of a property to heirs while retaining ownership of the remaining land.

Sale: Preparing a portion of the property for sale while retaining ownership of the rest.

Zoning Compliance: Aligning property boundaries with zoning requirements or land use regulations.

Parcel splits involve several key steps:

Preliminary Consultation: Property owners should consult with local planning departments or zoning boards to understand the specific requirements and regulations governing parcel splits in their jurisdiction.

Survey and Plat Map: A licensed land surveyor prepares a survey and plat map of the property, clearly indicating the proposed new boundaries and dimensions of the divided parcels.

Application Submission: Property owners submit a formal application for a parcel split to the appropriate local government or zoning authority. The application typically includes the survey and plat map, a legal description of the new parcels, and any required fees.

Review and Approval: Local authorities review the application to ensure compliance with zoning, land use, and subdivision regulations. Public hearings or notifications may be required, depending on the jurisdiction.

Parcel Map Recordation: Upon approval, the surveyor records the parcel map with the county recorder’s office, officially creating the new parcels and updating property records.

II. Lot Line Adjustments: Modifying Existing Boundaries

Lot line adjustments, also known as boundary line adjustments or property line adjustments, involve altering the boundaries between adjacent parcels of land without creating entirely new lots. Property owners typically pursue lot line adjustments for reasons such as:

Boundary Disputes: Resolving boundary disputes with neighbors by ensuring that property lines are accurately defined.

Easement Creation or Modification: Creating or modifying easements for access, utilities, or other purposes without subdividing the land.

Optimizing Land Use: Aligning property boundaries more effectively, potentially improving access, complying with zoning regulations, or accommodating changes in land development plans.

Lot line adjustments follow a similar process to parcel splits:

Preliminary Consultation: Property owners should consult with local planning or zoning departments to understand the requirements, regulations, and application process for lot line adjustments.

Survey and Plat Map: A licensed land surveyor prepares an updated survey and plat map depicting the existing and proposed property boundaries.

Application Submission: Property owners submit a formal application for a lot line adjustment to the appropriate local government or zoning authority. The application typically includes the updated survey and plat map and any required documentation or fees.

Review and Approval: Local authorities assess the application for compliance with zoning, land use, and subdivision regulations. Public hearings or notifications may be required, depending on the jurisdiction.

Recordation of Adjusted Boundary: Upon approval, the updated survey and plat map are recorded with the county recorder’s office, officially adjusting the property boundaries and updating property records.

III. Choosing Between Parcel Splits and Lot Line Adjustments

The choice between parcel splits and lot line adjustments depends on the specific goals and circumstances of the property owner. Here are some factors to consider when deciding which path to pursue:

Scope of Changes: Parcel splits are ideal for more significant modifications, such as creating entirely new lots for development or inheritance planning. Lot line adjustments are better suited for minor boundary modifications and resolving encroachments.

Development Plans: If you intend to develop the divided parcels separately, a parcel split is likely the better choice, as it creates distinct legal lots. Lot line adjustments maintain the existing legal lots but adjust their boundaries.

Boundary Disputes: Lot line adjustments are particularly useful for resolving boundary disputes with neighbors, as they focus on the adjustment of existing boundaries without creating new lots.

Zoning Compliance: When the goal is to bring a property into compliance with zoning regulations, both parcel splits and lot line adjustments can be considered, depending on the nature of the changes needed.

Cost and Complexity: Parcel splits typically involve more paperwork, fees, and regulatory hurdles than lot line adjustments. The complexity and cost of the process should be weighed against the desired outcome.

IV. Conclusion

Parcel splits and lot line adjustments are valuable tools for property owners seeking to tailor their land holdings to meet specific objectives or resolve disputes. Choosing the right path between these options depends on the scope of changes, development plans, boundary disputes, zoning compliance, and cost considerations.

Property owners should consult with experienced real estate attorneys and licensed land surveyors to determine the most appropriate course of action and navigate the legal processes successfully. By understanding the differences between parcel splits and lot line adjustments and considering their specific needs, property owners can make informed decisions that align with their goals and lead to a more harmonious and optimized use of their real estate assets.

Whether you’re a property owner, investor, or business owner, Real Estate Law Corporation™ is your trusted partner on the path to legal success. Contact us today to embark on a journey of exceptional legal support. Our team of seasoned attorneys brings decades of experience to every case, demonstrating a profound understanding of real estate law, transactions, litigation, business intricacies, and estate planning. With a proven record of success, our portfolio is adorned with numerous landmark cases that stand as a testament to our dedication, expertise, and commitment to achieving favorable outcomes for our clients.