Land may be subdivided for individual ownership.
In its infancy, America consisted of undeveloped hills, valleys and acres upon acres of farmland. Now cities and suburbs scattered throughout the country are created by the use of subdivisions. A subdivision is a division of a parcel or tract of land into smaller lots or parcels. "Lots," "blocks," "parcels" or "tracts" are terms to identify each of the smaller pieces of land split from a larger tract. Each lot or parcel is numbered, lettered or otherwise identified.
Earlier Subdivisions
Some larger cities, such as Kansas City, Missouri, adopted subdivision regulations as early as 1931. Subdivisions formed prior to the passage of subdivision regulations often consisted of a simple surveyor's division of the property. The landowner signed, dated and named the subdivision, while the surveyor signed and hand wrote the master parcel legal description, or the description of the property being divided, on the face of the plat. This completed plat was a drawing which designated the layout of the lots and other areas within the subdivision, identifying each lot or parcel with a number or letter for describing the property in future sales.
Subdivision Approval
Most counties and cities have subdivision regulations restricting use of the property, requiring specified access widths, drainage and utility easements, paved roads and a whole host of other requirements. The zoning and planning commission, or other real estate regulatory board, ordinarily must approve the subdivision by signing the face of the plat before development may begin.
Planned Unit Development
Many subdivisions are planned unit developments or PUDs. These types of subdivisions consist of a community of residential lots and common area for the use of all lot owners. This common area could be anything from a grassy area for walking pets to a community clubhouse and recreational facilities. Some planned unit developments may also include commercial lots on which a business, such as a restaurant, operates. Planned unit developments ordinarily have an owner's association, typically a nonprofit corporation headed by lot owners in the community, that collects dues from the lot owners to take care of the common areas. Developers ordinarily place specific recorded restrictions or covenants on the lots in a planned unit development. The owners association may be charged with enforcing those restrictions.
Commercial Subdivisions
Some subdivisions are strictly commercial. The lots may house a strip mall, grocery store, industrial park or any other type of business and will be restricted against residential use. The planning and zoning commission will likely place stricter guidelines on a commercial development, regulating and requiring installation of fire hydrants, public parking lots, sewer systems and approved waste water disposal plans for industrial parks.
Family Division
If family members as heirs to a parent's estate decide to divide inherited property into lots for division so that each one becomes owner of a lot, this type of subdivision is a family division. Some states or other jurisdictions may exempt family divisions from compliance with county or city planning ordinances. Therefore, the creation of some family divisions is similar in procedure to the creation of earlier subdivisions. The survey or plat will contain the master legal description, be signed by the surveyor and property owners and recorded, without having received signed approval from the planning commission. Often, however, family division surveys go unrecorded.
Tags: planned unit, subdivision regulations, unit developments, commercial lots, common area, face plat, family division