Sub-dividing land? (for sale, real estate, rent)

[mrs1885]

Anyone know how you go about dividing your land and selling just a portion of it? We've got 7+ acres and an emergency came up and we need money fast. Thinking of dividing off 2.25 acres to sell and then later we can sell the remaining 5 acres and house when we're ready to move up north.

[Mary_Moon]

You need to check with the planning or zoning department in your city/county. Where I live, you have to have a survey (obviously) and since we're on septic with no city sewer available, each parcel that is created from the subdivision must have 2 septic sites indicated on the survey by a soils scientist. After all the surveys and soils tests are done, one must then go before the planning commission to petition the subdivision to become valid.

The last TN county I lived we just had a survey and soils test and filed the paperwork without needed to go before a commission so your experience may be different.

[mrs1885]

Originally Posted by Mary_Moon

You need to check with the planning or zoning department in your city/county. Where I live, you have to have a survey (obviously) and since we're on septic with no city sewer available, each parcel that is created from the subdivision must have 2 septic sites indicated on the survey by a soils scientist. After all the surveys and soils tests are done, one must then go before the planning commission to petition the subdivision to become valid.

The last TN county I lived we just had a survey and soils test and filed the paperwork without needed to go before a commission so your experience may be different.

I don't think our county has a planning or zoning department. We've in a county that's almost 100% rural and very tiny. You can still build a home and never pull a permit here.

Rural TN is definitely different than any other place I've heard of. I'm hoping that'll make dividing and selling easier.

[Bones]

Originally Posted by mrs1885

I don't think our county has a planning or zoning department. We've in a county that's almost 100% rural and very tiny. You can still build a home and never pull a permit here.

Rural TN is definitely different than any other place I've heard of. I'm hoping that'll make dividing and selling easier.

This will probably change the 1st of October on new houses and additions....


http://crossville-chronicle.com/loca...-codes-program

[An Einnseanair]

Which county do you live in? There may not be any "zones" in rural areas, but I'd bet it does have some sort of planning or zoning "department". Even if it's just one person who also does 10 other things. The title may be something like "Assessor of Property" or similar. So call your county government; your local commissioner, the one you vote for, would be a good place to start. He/She can probably direct you to the proper person. The most expensive route would be to contact a lawyer or real estate agent.

Mary_Moon is right; at a minimum you'll need a boundary survey from a professional surveyor (for 7+ acres, you're probably looking at $1000 or more). This should include a title search to prove you own the land. If the land is not being sold for residential use then you might not need a septic soils test, but this is something you'll have to check locally.

What's your definition of "fast" in your comment "we need money fast"? Nothing is "fast" right now when it comes to selling houses or land for houses. Unless you already know someone who wants the land.

Edit: I forgot to post this link: TN County Government Web Sites

[progmac]

subdividing land is never, ever, ever, a way to make money fast or to meet financial obligations within the next three to six months. creating a brand new parcel of land is not something that should be handled glibly. our system of creating new land ownership is necessarily complicated in this country because that piece of land will need to stand firm long after you die and when it is owned by the tenth person in fifty years.

i quickly glanced through Tennessee state law and at the very least you will need a surveyor to create a subdivision plat map showing the bounaries of the new parcels. The plat will need to then be approved by the regional planning commission who will make sure it meets the regs. Every portion of the state is covered by a planning commission of one kind or another. Usually the planning commission will need to look at it twice and they will have to publish certain legal notices.

If you find a good surveyor to do the leg work for you, the process may take 5 or 6 months and the cost will be a few thousand dollars.

[RamblinRoseRanch]

Ditto what Progmac said. I used to work in P&Z in NM and know first hand what is involved. And this, of course, is dependent on if your property can even BE subdivided- some cannot.

[mrs1885]

Ok. Sounds like more of a pain than it's worth. Scratch that idea! Maybe we'll just sell and rent for the next year until we move. Ugh.

Thanks.

[An Einnseanair]

Originally Posted by mrs1885

Ok. Sounds like more of a pain than it's worth. Scratch that idea! Maybe we'll just sell and rent for the next year until we move. Ugh.

Everything you've heard here has been negative, but maybe none of it applies to your specific situation. I remember about 15 years ago in rural Mississippi my dad traded about 2 acres of land with a neighbor with a 30 minute walk, a short conversation, and a handshake. They handled the official transfer through the county later.

If you have a willing buyer, then you should at least call the county to see what the process would involve. It sounds like you need the money to get started building a new home, maybe? If everyone involved is trustworthy, maybe you can whip up a one-page contract to start the process and have the buyer give you the money up front, then follow through with the official transfer after.

If you don't have a willing buyer, then I'd still call the county, but I also wouldn't get my hopes up unless it's prime property. Still a lot of houses for sale out there, and even more houses that the owners want to sell but haven't been listed yet because the owners don't want to get low-ball offers.

[TN Tin Man]

What county are you in?