Planning & Community Development

What is a boundary adjustment and why is approval for this required?

A boundary adjustment is when one property owner wants to convey to an adjacent property a small part of an existing parcel. A new parcel is not created. Approval is required to ensure proper lot sizes, setbacks and that the taxes are paid.

Who should complete the Land Division and Boundary Adjustment Application*? 

The owner of the property being divided or having a boundary adjustment is required to complete and sign the Land Division and Boundary Adjustment application form. If several individuals or a company, corporation, etc. own the property, only one signature is required on the application.

What information is required along with the completed Land Division and Boundary Adjustment Application*? 

1.  The legal description of the parent parcel AND each newly created parcel.

2.  A site plan drawn to scale identifying:

• each parcel and its dimensions;

•  ALL buildings and structures with setback dimensions.

3.  A completed and notarized Land Division Affidavit* must be submitted with the application. Notary services are available at Midland City Hall at no charge.

*The Land Division Affidavit is a legal-sized (8.5" x 14") document, and should be printed out onto legal size paper stock.

What is a parent parcel?

Simply stated, this is any parcel lawfully in existence on March 31, 1997, which is the date that the land division amendments to the Subdivision Control Act of 1967 were approved.

Why do the property taxes and assessments on the parcel being divided need to be paid in full?

If the taxes are not paid in full at the time the parcel is being divided, many problems can arise.  A property owner may find a lien against their property if the owner of the parent parcel or one of the child parcels does not make full payment of taxes due in the year of a split.  Disagreements between buyers and sellers can also be avoided if the tax issue is settled before a parcel is split.

Who should complete a Land Division Affidavit? 

The owner of the property being divided or having a boundary adjustment is required to complete the Land Division Affidavit. The signature(s) on the application must be notarized, and the affidavit printed out onto 8.5" x 14" (legal-sized) paper stock. The owner must record the affidavit after the land division has been approved. This document will be returned to the property owner with the approved application.

What information is required on the affidavit?

1.  The property identification code of each parcel affected by a division or boundary adjustment.

2. The affidavit MUST include legal descriptions of all newly created parcels as an attachment.

3.  Notarized signature(s).

4.  The number of land divisions being assigned along with the division. In most cases, this will be zero (0) unless the party doing the division is willing to give up division rights.

Item #9 on the Land Division Affidavit allows the grantor (me) to give the grantee (buyer) division rights. What does this mean, and how does it affect my application?

Included in the “bundle of rights” that go with a piece of property is the right of division. The Land Division Act, however, limits the number of divisions on any parcel. The Land Division Act gives a grantor the right to retain or transfer future division rights when dividing a parcel.

For example: A parent parcel has 20 acres and is allowed five divisions. The owner may want to sell two acres, which would leave only four divisions of the parent parcel available. The two-acre parcel may be permitted three divisions, and, should they occur, the remaining 18 acres would have only one division right left. However, the grantor has the right to keep the three division rights for the 18-acre parcel, which would permit the original four divisions on the 18-acre piece. The two-acre parcel would not have rights to further divide except through the platting process.

In most cases, dealing with small parcels assigning division rights will not be an issue. If there are questions, we recommend that legal counsel be obtained.

How much does it cost to record an approved Land Division and Boundary Adjustment? 

It costs $14.00 to record the first page and $3.00 for each additional page. The Land Division affidavit, site plan, and legal description page(s) must be recorded at the Midland County Register of Deeds office.

What happens if the Land Division affidavit is not recorded?

As part of the City's Land Division and Boundary Adjustment procedure, the land division or boundary adjustment is not given final approval until the affidavit is recorded.  The act of recording your affidavit is also the best protection you can have to show that your land division or boundary adjustment was properly approved.

*The Land Division & Boundary Adjustment application requires Adobe Acrobat Reader in order to open properly. Click here to download a free copy of the software.