 Winter Creek In Thompson |
|||
 |
 |
 |
|
 |
 |
||
 |
 |
 |
|
Minor Subdivision and Lot Split process and instruction (Geauga County). (See below for local recommended Attorneys / Land Agents) |
||
 Initial design and Consultation: The process of subdividing property has changed drastically over the past few years. Many laws have been enacted and some have been changed entirely. Considerable thought should be given when determining the best way to divide property. There are many different variables to consider when designing a lot split. Some of these considerations could be local zoning regulation, health and environmental change issues, natural location to best suite corner areas, structural designs and legal liabilities just to name a few. The first step in subdividing any parcel of land is determining whether the proposed division will be permitted by The Zoning Commission, The Planning Commission and/or The Health Department. We recommend contacting The Local Township Zoning Commission and consulting with a zoning inspector regarding the initial design. After the proposed subdivision(s) has/have been accepted by the zoning inspector, the next recommended step is determining what will be required and expected by The Planning Commission. The planning director or agent may require additional information to be shown on the final Plat of Survey (map) so it is important to also consult with them. These departments are all very helpful and will help guide you. |
||
|
The survey process: After the client has a working design or concept that has been agreed on by The Zoning and Planning Commissions, the surveyor will then survey and subdivide the parcel(s) as designed. All of the new and existing boundary corner monuments will either be set or found and a new legal description will be created for each new parcel. |
|
| Existing and proposed septic system location and design: At this point it is likely The Planning Commission has required all existing and proposed septic system information to be shown on the final plat of survey. Buildings, driveways, structures, and utilities may also be required depending on the survey. Existing septic system information can be provided by the client by simply walking the surveyor around and showing him/her the corners of the field, tank, connection boxes, etc. In the case of a new or residual parcel that is a buildable lot, that does not yet have any septic system, it is likely The Planning Commission will require a new septic design for this parcel before it will be allowed to be recorded. It is recommended for the client to contract a licensed soil scientist to establish the best location and type of septic system for this parcel. It is important to arrange his services to correspond with the survey. Generally the soil scientist will submit the septic design to The Health Department and work with them until a proposed septic system is agreed upon. This does not mean to infer a septic system will need to be erected at this time; this process is simply to establish the location and type of septic system to help guarantee future interests for any perspective buyers or owners. |
||
For all soil science we recommend Fincham Soil Investigations. Office: 440-635-0453 Fax: 440-635-0166 jrfinchsoil@yahoo.com Be prepared for large lead-times during the busy season (1-2+ months). It takes approximately 2hr per/acre for the soil scientist to do the work necessary and although there may be a specific area already planned, the entire parcel to be subdivided will need to be evaluated. |
||
We have done many land divisions and have been through these processes many times before and can help guide you through many challenging scenarios. |
||
| Completing the map of subdivision and approval process: After the proposed septic system design is agreed upon and approved by The Health Department the surveyor will then incorporate this design into, and complete the plat of survey. The final map is then reviewed by The Planning Commission and Engineer's Office. After both departments have approved the plat of survey, it is then allowed to be recorded. There is no fee for The Engineer's Office to review the final plat of survey. Contact The Planning Commission for their current fee schedule. |
||
A majority of these processes can be arranged by the surveyor and expedited efficiently. |
||
| Deed Preparation: After the legal description(s) and plat of survey have been approved by The Engineer's Office, Health Department and Planning Commission, the client or his/her land representative will need to create a deed form from the approved legal description(s). Since there are many different types of deeds, we STRONGLY RECOMMEND a qualified attorney to choose the deed form that best suites the client's interests (see recommended attorneys below). The deed form should incorporate the new legal description as an "EXHIBIT" (The approved original legal description provided by the land surveyor). Although it is possible to retype the entire legal description onto the new deed form and then record it, there is a possibility that something could be omitted or mistyped (typo) and any difference will change the legal description, therefore making the approvals void and the deed non-viable. The surveyor's signature and stamp are also required on the legal description for approval and this outdated method of preparing deed forms should be avoided. DELMAR B. KOSIE & ASSOCIATES WILL NOT BE RESPONSIBLE For any damages or additional time caused by typos or changes made to the original legal description(s) after they have been completed and approved (after they leave our office). Additional fees will be incurred if we are asked to review any instrument created or edited outside of our office. |
||
NOTE: T.O.D. (Transfer on death) deeds are something that many people overlook. These can in some cases bypass probate court and are something that might be considered. |
||
| signatures and recording: After the legal description has been approved and attached onto the new deed form, the current owner(s) will need to sign the deed form in front of a Notary Public. This signed instrument can then be taken to The Local County Recorder's Office for the final recording. This procedure may include additional review by The Local Building Department or Auditor's Office depending on what type of survey was involved. |
||
| Land tax adjustments: Subdividing new buildable lots may increase land tax and remove any current CAUV, farm or forestry credits), therefore, careful consideration should be taken as to when it is most desirable for you to record your new subdivision. It is recommended, however, that all new subdivisions be recorded within 180 days of having them approved by The Engineer's Office as regulations change often. |
||
 |
Minor Subdivisions have changed in process and regulation dramatically. The Surveyor MUST follow these new regulations. A majority of the TIME and EXPENSE for this is not something the surveyor has any control over. "These new regulations are to better improve our community" by government standards. If you have any issues or complaints regarding this, we STRONGLY recommend you contact your local Engineer's Office, Planning Commission, Mayor, State Representatives and Attorney General accordingly.
|
|
LOCAL ATTORNEYS / LAND REPRESENTATIVES |
||
DAVID L. FUHRY, ATTORNEYS AT LAW 14537 Main Street Burton, Ohio 44021 PH: (440)834-4492 |
FREDERICK H. GREEN |
DAVID ONDREY, ATTORNEY AT LAW |
Petersen & Ibold 401 South Street, Village Station Chardon, OH 44024 Toll Free: 866-649-5582 Phone: 440-607-5228 Fax: 440-285-3363 |
CAROLYN PASCHKE, ATTORNEY 10808 Kinsman Road Newbury, Ohio 44065 PH: (440)564-5562 |
JOSEPH SVETE (SVETE & MCGEE, ATTORNEYS) |
