A real estate deed contains a legal description of the land conveyed. That land can be split into two separate parcels and then conveyed as two deeds. The process of splitting a deed into two deeds does take time and money. In most cases, it requires a survey of both parcels and approval from the appropriate governmental agencies. Deeds are prepared and recorded along with the surveys.
Division of Land
The owner of the land decides how to divide the property. Consideration is given to existing easements and structures. Each parcel must have access to a public right-of-way. The owner then meets with a surveyor and explains the proposed division. They may meet on the land so the surveyor can see how the owner wants the land divided. Walking on the property is a good way for the owner and surveyor to discuss the division.
The surveyor takes the directions from the owner and prepares two separate legal descriptions. These descriptions are the result of the field work in making accurate measurements of all boundary lines. Each description is drawn on a plat that meets the requirements for approval by all necessary governmental agencies. In addition, each plat is ready to be recorded once all the approvals are obtained. If the surveyor encounters any problems, he advises the owner so any necessary adjustments can be made.
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The extent of governmental approval varies from jurisdiction to jurisdiction. In general, the concerns involve the size of each parcel, access to public right-of-way and are any zoning problems. Each parcel must be large enough to accommodate a home or other structure. Its access must not create a safety problem with the highway system. The two new parcels need to be in compliance with all zoning regulations.
Preparation Recordation Deeds
The surveys have been approved and signed off by all the required government agencies. The surveyor delivers legal descriptions of each parcel along with the surveys to an attorney. The lawyer drafts two deeds using the names provided by the owner. The lawyer records the deeds and surveys in the appropriate recording office of land documents. One deed has now been split into two deeds.
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