Subdivision (land)

Subdivision (land)
A subdivision in Markham, Ontario
A subdivision in Picayune, Mississippi

Subdivision is the act of dividing land into pieces that are easier to sell or otherwise develop, usually via a plat. The former single piece as a whole is then known in the United States as a subdivision. If it is used for housing it is typically known as a housing subdivision or housing development, although some developers tend to call these areas communities.

Subdivisions may also be for the purpose of commercial or industrial development, and the results vary from retail shopping malls with independently owned out parcels, to industrial parks.

Contents

United States

History

The entrance to a subdivision in Sugar Land, Texas

In the United States, the creation of a subdivision was often the first step toward the creation of a new incorporated township or city. Contemporary notions of subdivisions rely on the Lot and Block survey system, which became widely used in the 19th century as a means of addressing the expansion of cities into surrounding farmland. While this method of property identification was useful for purposes of conveyancing, it did not address the overall impacts of expansion and the need for a comprehensive approach to planning communities.

In the 1920s, the Coolidge administration formed the Advisory Committee on City Planning and Zoning, which undertook as its first task the publication of The Standard State Zoning Enabling Act in 1926, model enabling legislation for use by state legislatures.[1] This was followed by publication of the Standard City Planning Enabling Act (SCPEA) in 1928.[2] The SCPEA covered six subjects: (1) the organization and power of planning commissions, which was directed to prepare and adopt a master plan; (2) the content of the master plan; (3) provisions for a master street plan; (4) provisions for approval of all public improvements by the planning commission; (5) control of private subdivision of land; and (6) provisions for the creation of regional planning commissions.

Today, the drivers of residential community development are companies like Toll Brothers, D.R. Horton, and K. Hovnanian.[citation needed]

Definition

A subdivision on the rural-urban fringe of Sydney

The SCPEA included the following definition:

"'Subdivision' means the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided."[2]:6

Attached to this definition was the following footnote:

"for the purpose of sale or of building development: Every division of a piece of land into two or more lots, parcels or parts is, of course, a subdivision. The intention is to cover all subdivision of land where the immediate or ultimate purpose is that of selling the lots or building on them. The object of inserting a definition in the text of the act is to avoid the inclusion, within the planning commission's control, of such cases as a testator's dividing his property amongst his children, partners' dividing firm property amongst themselves on dissolution, or cases of that nature."
The Brookfield at Estancia subdivision in northern Clearwater, Florida

This definition, and its clarifying footnote, serves to underscore some important points about the legal nature of subdivisions. Importantly, a subdivision does not need to be sold, in whole or in part, for its resulting pieces to be considered separate parcels of land. A subdivision plat approved by a local planning commission, once recorded in a registry of deeds, is generally deemed to have created the parcels of land identified on the plat itself.

The problem of testamentary division of property was identified by the SCPEA in the footnote to the definition of subdivision, but not fully clarified by it. In some jurisdictions, a testamentary division of property does not constitute a legal subdivision for purposes of separate conveyancing of the "subdivided" parcels.[3]

Similarly difficult is the notion of "building development" in the definition, and whether the identification of multiple construction sites on a single parcel of land constitutes a subdivision subject to the review and approval authority of the planning commission. Interpretations of this vary among American jurisdictions. Subdivision developers may use an architect's services only once, with the rest of the tract houses using the same master template: the resulting houses all look similar as in the above photograph of Markham, Ontario.

Other nations

In the Philippines, subdivisions are areas of land that have been subdivided into individual residential plots. Whereas some subdivisions comprise exclusive gated communities, others are merely demarcations denoting a specific neighborhood. Some subdivisions may conduct autonomous security, or provide basic services such as water and refuse management. Most subdivisions are governed by associations made up of members who are residents of the subdivision. In the Philippines, subdivisions are also known as villages.

In Alberta, subdivision is the dividing of a single parcel of land into two or more parcels, each to be given a separate title. Subdivision is also used for existing lot line adjustments. Notwithstanding a few exceptional circumstances, subdivision approval and endorsement by the local municipality must always be received before the subdivision can be registered at the Land Titles Office and titles issued (including bare land condominiums). Exceptions may occur with parcels of land that contain more than one quarter section, a river lot, a lake lot, or some settlement lots created prior to July 1, 1950.

See also

A newly created subdivision in a former quarry in Auckland City, New Zealand.

References

  1. ^ U.S. Department of Commerce (DOC), Washington, D.C.(1926). "A Standard State Zoning Enabling Act." Document no. BH5.
  2. ^ a b DOC (1928). "A Standard City Planning Enabling Act." Document no. BH11.
  3. ^ See, e.g., In re Estate of Sophia Sayewich, 120 N.H. 237 (1980)).

External links


Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать реферат

Look at other dictionaries:

  • Subdivision — may refer to: *Country subdivision **Subdivision (land), a term for an urban or sub urban area, especially if recently parcelled up into smaller plots for new uses **Census subdivision, a term used in Canada *Subdivision surface, a term in… …   Wikipedia

  • Land management — can be defined as the process of managing the use and development (in both urban and suburban settings) of land resources in a sustainable way. Land resources are used for a variety of purposes which interact and may compete with one another;… …   Wikipedia

  • subdivision — sub·di·vi·sion / səb də ˌvi zhən/ n 1: an act or instance of subdividing obtain approval of his subdivision of the land 2: a tract of land subdivided into lots to provide streets and sewers for the subdivision 3: a part made by subdividing …   Law dictionary

  • Land-Tenure in the Christian Era — • The way in which land has been held or owned during the nineteen hundred years which have seen in Europe the rise and establishment of the Church is a matter for historical inquiry. Strictly speaking, the way in which such ownership or tenure… …   Catholic encyclopedia

  • land — n 1: an area of the earth usu. inclusive of improvements, bodies of water, and natural or man made objects and extending indefinitely upward and downward compare air right 2: an estate, interest, or right in land land means both surface and… …   Law dictionary

  • Land's End — (Penn an Wlas) Acantilados en Land s End Localización administrativa …   Wikipedia Español

  • subdivision — (n.) early 15c., process of dividing into smaller parts; mid 15c., portion of land that has been divided, noun of action from SUBDIVIDE (Cf. subdivide). Sense of land broken into lots for housing development is from 1911 …   Etymology dictionary

  • subdivision — ► NOUN 1) the action of subdividing or the state of being subdivided. 2) a secondary or subordinate division. 3) N. Amer. & Austral./NZ an area of land divided into plots for sale …   English terms dictionary

  • subdivision — [sub΄di vizh′ən; ] also, and for 3 always [, sub′di vizh΄ən] n. [LL(Ec) subdivisio] 1. a subdividing or being subdivided 2. one of the parts resulting from subdividing 3. a piece of land resulting from this; esp., a large tract subdivided into… …   English World dictionary

  • land reform — any program, esp. when undertaken by a national government, involving the redistribution of agricultural land among the landless. [1840 50, Amer.] * * * Deliberate change in the way agricultural land is held or owned, the methods of its… …   Universalium

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”