Three Legal Considerations for Your Building Subdivision Development
Posted on: 19 July 2021
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If you would like to invest in building subdivision developments, evaluate the potential legal challenges before commencing the project. Subdividing your large piece of land and constructing on the lots can be lucrative. The new buildings will provide direct profits through sales or a long-term rental income. Moreover, subdivision increases property marketability. However, keep in mind that poor consideration of the legal aspects of the development could increase project expenses and even cause legal disputes. Here are the most critical legal factors for a successful building subdivision.
Property Boundaries
When planning for the land subdivision work, commission a boundary survey by a qualified specialist. The primary source of complications during development projects is encroachment. If you are uncertain about the placement of your property boundary, you could include a small piece of the adjacent land in your plans. Conversely, the neighbour could be using a small piece of your land and compromising the profitability of your subdivision project. Therefore, engage a surveyor to examine the land and provide clear information on the applicable boundaries.
Easements and Covenants
Property ownership does not always mean complete freedom during building subdivision development. Existing legal agreements can make it impossible to carry out the planned work. If you proceed with the division without assessing the critical contracts made for that piece of land, a lot of complications could arise. Moreover, you might incur losses due to the lawsuits. Easements are not uncommon. These allow the right of usage of property to non-owners.
Changing your land through subdivision could interfere with this right of usage. This type of violation could attract a lawsuit. Therefore, check if there are any attached easements before drafting a development proposal. Consult your surveyor for more information if you are uncertain. Keep in mind that easements can be lifted, but the legal process might be long and challenging. Check for agreements that might prevent certain changes to your land.
Specific Zoning Laws
Local laws on zoning are important when planning for subdivisions and subsequent construction. These laws are in place to ensure responsible and consistent use of the land during development. If your proposal does not meet the requirements outlined for your land zone, the local council will reject your permit application. Therefore, review all relevant requirements, including the minimum sizing for lots in the area and the acceptable uses for land within the zone. If the zoning requirements are incompatible with your development needs, consult your contractor for guidance on changing your plan or even rezoning applications.
If you need help with land subdivision development, contact a contractor in your area.