10 Easy Steps for Subdividing Land in Massachusetts

Your Guide to Subdividing Land

30 Apr 2021

Real Estate

Table of Contents:

Benefits of Subdividing Land in MA
How to Subdivide Your Land in MA
Subdivision Considerations for MA Real Estate Investors
Do You Need to Get a Real Estate Attorney Involved?
Work With a Real Estate Attorney at Calabrese Law Associates

If you are a Massachusetts landowner or real estate investor, you may want to learn more about subdividable land before you invest. Subdividing land for family or real estate purposes means a larger parcel of land is split, and separate legal titles are established for every new smaller section of land.

When you subdivide a lot into residential lots, you can enjoy the many benefits that come from establishing multiple legal parcels of land. At Calabrese Law Associates, we have developed this guide to help you understand and navigate how to subdivide land to ensure you do so properly and legally.

Questions? Contact Our Attorneys Now

Benefits of Subdividing Land in Massachusetts

Landowners and real estate investors subdivide land for a variety of reasons. The benefits of subdividing land include:

Downsize the land: It can be a lot of work to maintain a large plot of land. If you would rather have a smaller portion of land to maintain, you can subdivide it and sell part of it to a buyer.
Reduce your mortgage amount: When you subdivide your property, you may be able to decrease your monthly mortgage payment. To ensure you meet the requirements set by your lender for reducing your mortgage payment, you may want to discuss your plans with your lender. You can also work with a real estate attorney and a professional surveying company.
Increase the marketability of the property: If you divide a large plot of land into smaller lots, you may be able to sell more easily as buyers might be interested in more manageable properties.
Build a new home: In some locations, landowners are permitted to build only a single home on a lot. When you subdivide a larger lot, you may be able to build a few homes for your parents or children so that your family can live nearby. Additionally, if your current home is not the home of your dreams, you may want to subdivide the land, build your dream home, and sell or rent your previous home.
Make money: If you are a land developer, you may be hoping to make money from your investment. You may want to sell, rent, or lease smaller parcels of land as a residence or for commercial purposes to make some money off your land.
Free up your assets: By subdividing your land, liquidating the capital you own is easier. When your assets are more readily accessible, you have more options for how you can use them.
Prepare for the future: When you subdivide your land, you don’t need to take action immediately toward selling, leasing, or renting the new lots. Instead, you can prepare for your future by subdividing now so that you have affordable, easy access to your capital when you need it. You can then sell, lease, or rent the lots in the future.

How to Subdivide Your Land in Massachusetts

When you subdivide property, you can increase the value of the land. If not done correctly, subdividing land can be expensive. To subdivide an area in Massachusetts, you can either divide a large parcel of land into many smaller properties or divide a small parcel of land.

Evaluate the housing market: Before you invest in a subdivision, you should evaluate the market to ensure there is profitability for the lots. If you can’t sell the lots in a poor market, you could be wasting your money.
Check for restrictions: Before you begin the process of subdividing land, you may want to consult a title company. A title company can verify you own the lot and let you know if there are any covenants or restrictions in place that prevent subdivision.
Determine whether you need new infrastructure: You may be required to install utilities or a new road depending on your subdivision’s size and the local regulations. When you evaluate whether a subdivision makes sense, you should keep this consideration in mind.
Speak with a subdivision specialist, town planner, or property lawyer: Many cities have increased fees and restrictions for subdividing in recent years. When you speak with a professional, they can help you determine whether your land is worth subdividing. Contact our office to get professional help today.
Hire a professional licensed surveyor: A surveyor will survey your property and offer feedback on whether the property qualifies for subdivision. They will also help you draw up a plat, which is a map of the land that identifies easements, flood zones, property boundaries, and access right-of-way. Even if the property is not eligible for subdivision, you may get approval if you file a zoning or planning waiver.
Call the local zoning, planning, or development office: A local office can advise you on the subdivision process in your area. They can also provide you with information on existing zoning restrictions, which can help you determine whether your property qualifies. Additionally, you can check online for this information. When reasonable, development offices sometimes make exceptions.
Design the subdivision: Before you can begin subdividing the land, you may need to have a plat map drawn that shows the boundaries of every new lot. These drawings are usually completed by an engineer. Any drawings of the property should identify all of the elements your county’s planning officials will expect to see included. An experienced engineer can help ensure your plat includes those details.
Submit the application: You likely will need to submit your application along with an application fee, certificate of title, and plat map. However, before sending anything, check with your local official first. After this, you will await a response. Depending on where you’d like to subdivide land, a planning board will determine whether your request is approved or if the issue will be decided in a public hearing.
Make improvements to the land: Sometimes, you must make improvements to the land before a subdivision can be approved. These changes may include installing new utilities or building a new road. The surveying company will place new boundary pegs at this point.
Request certification: After you complete all of the necessary improvements and changes, you can submit a request for approval of your subdivision from the planning board. This approval certifies that the required conditions have been met. After your property is officially subdivided, you can obtain your new titles.

If you need help through the process of subdividing your land in Massachusetts, a real estate attorney at Calabrese Law Associates can help you navigate the legal aspects of the process. Start a conversation with our lawyers today.

Subdivision Considerations for Real Estate Investors

As a real estate investor, subdividing land needs to be profitable to be worth your efforts. To ensure you get the best results, you may want to consider the following tips when choosing the right lot for a Massachusetts subdivision.

Search for a Property in Massachusetts With a Large Lot

If you are new to subdividing land, it may be easiest to find an existing home on a large lot. These lots likely already have the infrastructure and utilities needed for subdivision, and this can reduce your overall costs.

The value of the home will typically remain nearly the same, even if you divide the land and the home eventually sits on a smaller lot. Any additional lots you establish from the parcel of land will add to your income.

Do Your Research Before You Buy

Before you buy land in an unfamiliar location or put in an offer on a property, you should do your due diligence on the area’s subdivision ordinances. The last thing you want is to invest your money in a property only to discover you cannot subdivide it. Doing this research into local ordinances upfront can help you avoid a wasted investment down the line.

Think About Purchasing Adjacent Parcels of Land

Perhaps you are set on purchasing a particular parcel of land, but it is oddly shaped or small, and you do not believe it can be easily divided into separate lots. In that case, you may want to consider buying an adjacent parcel of land. If you do so, you can combine these parcels and establish new lot lines as you prefer.

Additionally, depending on the size of the parcels, you may be able to establish more lots than you expected. With that benefit, you can add to your income. When you subdivide land correctly, this can be a profitable option for investing.

Do You Need to Get a Real Estate Attorney Involved?

If you intend to subdivide your property, you may want to hire a real estate attorney. Subdividing a large parcel of land can be a complex process, and an experienced attorney can identify possible issues.

Those concerns can include easements, access, zoning, restrictions on deeds, environmental considerations, and violations that trigger rollback taxes.

To subdivide real estate, you will need municipal approval, and you will need to stick to complex land development and subdivision ordinances that set rules about how parcels of land can be divided. These processes make having an experienced real estate attorney on your side essential. An attorney can identify and handle these common subdivision problems:

Extra lots: Sometimes, you may find a property to purchase that has an extra lot attached. However, this extra lot may not be immediately buildable or legal. Before you construct another property, you should make sure the property was properly subdivided. An attorney can help determine whether the extra lot is legal.
Raw land: If you want to develop raw land, this usually falls under the umbrella of subdivision regulations. In this case, you should work with a local engineer or surveyor and a real estate attorney who understand the local regulations in your area to help you navigate the process.
Land swaps: Even a small land swap does not evade subdivision regulations. You may think that you can easily swap some square footage of your land for your neighbor’s lengthy driveway, but this process may actually be quite complicated. A land swap is not as easy as simply recording deeds. Instead, you will need to check with the local codes office to ensure you are swapping the land properly and legally. A real estate attorney can help you understand that process.
Older lots: If you live in an older part of town, you may end up with an older, nonconforming lot. Find out when a lot was created. If the date is prior to when the subdivision regulations were enacted, your lot is probably grandfathered. On the other hand, if a lot was created following enactment and there isn’t a recorded plat, the subdivision may be illegal. An attorney can help you handle this situation if it arises.
Public hearings: If your local laws mandate a public hearing for zoning changes, your neighbors may interfere with your subdivision if they do not like your plans. You may want to let your neighbors know about your intentions before your plans go to a public hearing, especially if you believe someone may be upset by your intentions to subdivide your land. Speaking with them directly could prevent issues from arising later.

Subdividing land takes time and knowledge of various ordinances. Depending on the complexity of the subdivision, approval can take weeks or years. Regardless of the time and costs involved, subdividing land can be a profitable decision that is often worth the wait and effort. If you want to hire a real estate attorney in Massachusetts, turn to us at Calabrese Law Associates.

Work With a Real Estate Attorney at Calabrese Law Associates

At Calabrese Law Associates, our experienced real estate attorneys can help you understand and navigate the legal requirements for subdividing land. We offer legal representation to landowners in Massachusetts who want to know how to split a property into two. We represent clients in need of various legal services, including:

Our lawyers are the best in the legal profession. We will place your interests first and work to achieve your goals, whether a solution lies in a negotiated agreement, litigation, or elsewhere. We keep your unique goals and situation in mind to work effectively. Each of our attorneys specializes in a respective area of practice, possessing the knowledge needed to utilize the options available to protect your interests.

If you are looking for a real estate attorney or a subdivision lawyer in Massachusetts, contact us today at Calabrese Law Associates. We can help you learn more about local subdivision laws or receive legal assistance through the subdividing process.

*This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.

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