Three types of land divisions are permitted under Michigan law:

Land developers “created” the most recent type of land division using Michigan’s Condominium Act (Public Act 59 of 1978, as amended) to establish a popular form of development known as:

1.  Site condominiums.

In addition, the Land Division Act  (Public Act 288 of 1967, as amended) allows two more “traditional” types of land divisions:

2. Subdivision plats; and

3.  Metes and bounds or “unplatted” lot splits.

This article will focus on metes and bounds land division, which is a method of describing land using:

• references to the Michigan township and range system and county division;
• local geographic characteristics;
• a point of beginning (and ending) of the legal description, which must “close” to form a polygon;
• directions of bearing (compass directions and degrees);
• distance measurements along parcel boundaries; and
• land area enclosed by the legal description.

This is the basis for many rural legal descriptions of property, which may look something like this: (more…)

A popular form of land division in Michigan.

Metes and bounds lot split applications have become much more common, especially since 1997 when significant amendments to the Land Division Act were enacted into law.  Metes and bounds lot splits are an attractive option for some landowners, primarily because of the relatively low cost to divide the land (in comparison to subdivision plats or site condominium developments).

The Land Division Act indicates that… (more…)