How to apply for land severance: A step-by-step guide.

Are you a landowner looking to subdivide your property or sever part of it for sale, lease, or development? Land severance may be just what you need. Land severance, also known as land division or consent, refers to the legal process of separating a piece or part of the land from a larger parcel to establish a new, standalone property. However, applying for land severance may seem intimidating or confusing for first-timers. That’s why we’ve put together this step-by-step guide to help you navigate the process successfully.

Start with research and consultation

Before diving into the land severance process, you need to do some homework. Start by researching the applicable laws and regulations in your area. Each municipality may have specific zoning bylaws and planning policies that govern the land severance process. Check with your local planning department or regulatory agency to get a copy of the regulations and ask questions if you don't fully understand any of them. You should also consult with a surveyor and a lawyer to assess the feasibility, cost, and potential limitations of your severance proposal. They can also help you identify any existing easements or encumbrances that may affect the process.

Prepare the application.

Once you have done your research and consultation, you are ready to apply for land severance. The application process usually involves filling out specific forms provided by your local authority and submitting them, along with the required fees and documents. The forms will typically ask for information such as the legal description of the property, the size and shape of the parcel you wish to sever, the proposed use of the new parcel, and a survey plan showing the existing and proposed lots. You may also need to provide evidence of compliance with applicable regulations such as setbacks, lot coverage, environmental impact, and access to municipal services.

Submit the application and wait for the decision

Once you have completed the forms and gathered all the necessary documents, you can submit your application to your local planning department or regulatory agency. The application will be reviewed by the staff, who may request additional information or clarification if needed. They may also conduct site visits, hold public meetings, or consult with other agencies before making a decision. The decision can be either approved, approved with conditions, or denied. The timeline for the decision may vary depending on the complexity of the application and the workload of the agency, but you can expect to receive a written notice of the decision.

Comply with the conditions

If your severance application is approved with conditions, you need to comply with them before the new parcel can be registered and legally separated from the original property. The conditions may include the dedication of land for roads, sidewalks, or other public purposes, the provision of municipal services such as water and sewage, the construction of drainage facilities or retaining walls, or the removal of existing structures or trees. You will need to hire professionals such as engineers, architects, or contractors to meet the conditions and provide evidence of compliance to the local authority. Failure to comply with the conditions may result in revocation of the severance approval.

Register the severance and obtain new titles

Once you have complied with the conditions and received approval for your severance application, you can register the new parcel and obtain separate titles for the original and the severed properties. You will need to file the approved plan of the survey with the land registry office and pay the applicable fees for registration, transfer, and title search. After the registration, you will receive a new title for the severed property, which will enable you to sell, lease, or develop it independently of the original parcel. Congratulations, you have completed the land severance process!

Applying for land severance may seem like a daunting task, but with some preparation, consultation, and patience, you can successfully navigate the process and achieve your desired outcome. Remember to do your research, consult with professionals, fill out the forms accurately and completely, comply with the conditions, and register the severance to obtain new titles. If you are looking to subdivide your property, then contact Oakview Land Use Planning.

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