Subdividing Property

T.C.A. §§ 13-3-401 and 13-4-301 define a subdivision as: Dividing any tract or parcel into two or more lots, site, or other divisions requiring new street or utility construction; or. Any division less than five acres for sale of building development.
UT Municipal Technical Advisory Service (https://www.mtas.tennessee.edu/reference/subdivision-plat-approval)
Essentially, if you are moving a lot line or creating a new parcel and one or more of the final properties are either less than 5 acres or require the construction of a road or other utilities (excluding simply tying into existing utilities), then it is a subdivision and must go through the proper channels.
If you have to build a road, an actual road, and not just a driveway, then you will need an engineer. If you can divide the property without having to construct the road, then you can hire a surveyor alone.
The process to get a subdivision (or survey) recorded is county-specific but generally follows the following structure and is assuming you are not working with an engineer.
There are essentially two types of approval done in planning, Administrative approval, and Meeting approval. The former means that the development meets the municipality’s authorization to allow the planning staff to “approve” the plat and that it doesn’t have to go in front of the formal planning commission at a meeting. The latter means that it doesn’t and will have to be presented to the planning commission to vote on.
No matter which version you do, the basic process is the same.
Requirements*
*below is a basic list that covers many of the elements that control a subdivision. Some or all may be different depending on which municipality your property will be reviewed under.
- Maximum Density: The number of lots per acre that can be created. The controlling factors for this are:
- Zoning
- Municipal Water Availability
- Municipal/private sewer vs sub-surface septic
- Average Slope – how steep the lot can dramatically change the minimum lot size
- Soil Type (when dealing with on-site septic systems)
- Road Frontage – the amount of property needed to touch a “municipality-approved” road. The standard here is 50′. Every lot must have 50′ of road frontage and cannot narrow below 50′ between the road and the bulk of the property.
- Flood Zone – property designated in a special flood hazard area (by FEMA) may have further restrictions on subdividing.
The process
- The Survey
- Hire a surveyor
- They survey the boundary
- You and the surveyor determine where the new lines will be based on the zoning and planning regulations, accounting for subsurface disposal (if the land is not served by public sewer), and various other factors.
- Surveyor sets the corners of the property and prepares the “final” map.
- The review process
- The “final” map is presented to planning (either electronically or physically – municipality dependant).
- Planning review the map and makes suggestions for changes/corrections.
- The surveyor makes said corrections and resubmits.
- repeat (until all corrections are made)
- Planning authorizes the map to be finalized and submitted for recording.
- Someone has to acquire signatures. (It should have been determined if the surveyor was going to do it or if it was up to the client before they started the process). These can be any or all of the this list (and perhaps more):
- Surveyor has to sign (original, not a copy). This is typically done when they provide the “final” map to you. There should be adequate copies to ensure that any department that keeps a copy can and still have the last one for recording. If you have to make copies along the way, ensure that you keep at least one with the original surveyor’s signature as this will be needed for recording.
- Owner(s) have to sign. The current owners, not the buyers.
- Addressing (or e911)
- Zoning
- Taxes (City and County)
- Highway Department (regarding the existing road)
- Water Department (if served by public water)
- Sewer
- The sewer department if so served
- The Health Department if to be served by subsurface (septic) disposal. This will likely require that a soil scientist make a high intensity soil map* of the lots. This is not likely included in the survey.
- Electric, Phone, Cable, gas, etc.
- Planning (typically one of the final signaures, if not the last)
- Tax Assessor/mapping
- Record the map. Take one original signed (with all the signatures) copy to the Register of Deeds along with $17 to record the map. They should provide you with the recording data (map book and page) so you can relay this to the title company.
Fees
It is likely that some of the review processes will cost. Some municipalities and all of the Departments of Environmental Health charge fees for review. These can be quite costly, depending on the size of the development and the municipality. Again, who is responsible for the fees should have been established at the onset of the project.
* The soil scientist will likely need 2 or more copies of the “final” map to put their information on. This person should have been hired early on in the process as they will need to visit the site to gather the needed information to prepare their map and possibly perform percolation tests. Their fee would need to be negotiated with them. Like the other fees, who is responsible should be established at the onset of the project.
I would like this land survey it’s 3 acre and want it divided into 3 lots
If you want work done, please go to https://www.tnlds.com/request/ to get a quote and time frame. Posting comments on a blog is not a viable way to seek services.
if an acre of land was surveyed off from a large parcel of land yet was never recorded at the deeds office for 26 years and the land has passed ownership twice… is the 26 year old survey legal since it was never recorded for 26 years?
A survey is ALWAYS legal (provided the surveyor didn’t have their license revoked regarding that specific survey). I don’t think this is what you are asking, though.
As for recording it, there is a high likelihood that the old survey will not conform to current recording standards. What I mean by that is that it doesn’t have the required certifications and other elements that are now needed that may not have been needed at the time of the survey. If the surveyor is still alive and working, they could update the map to conform to said standards. More than likely, they would require resurveying the property.
On to the actual land. I am assuming that the “pass(ing) ownership” included a description of the land from the survey so that you are talking about the transfer of the subdivided piece and not that of the parent tract. This means that the subdivision was done by deed and that the survey is not “needed” to be recorded. There may be information on that survey plat that would be of benefit and has some legal standings (if the deed refers to it) should there be an issue. I am not too certain that any register of deeds I know would actually record a map like that – unless it is over 5 acres and again, the surveyor is in good standing.
My father, which passed, has 5 acres I’m probably getting. Is it possible to put three dwellings on that property?
This is a zoning question as it will depend on what county it is in, what zone it is in, and what the soils can support.
I want to buy 1 acre which is on a 2 acres and a home the 1 acre I want needs to be cut off of the 2 acres. I’m not planning on building on it or living on it it does have a barn on it I’m wanting it for my horse. So can it be done in Tennessee with out being in a subdivision
If it is less than 5 acres, you must have it able to sustain a residence. While you are not planning on it, once the land is “created,” you can sell it, and the next person may try.
I just purchased an R8 property with two parcels of land included. However, I would like to separate the parcels by redrawing the parcel line. Is this allowed? And what all is needed if so?
If you have existing parcels, you don’t necessarily need to do anything to “separate” them. However, if you are wanting to move the lines, you will likely be subject to planning approval.
This Tennessee law does not protect the public in a few counties with low populations. (Pickett). There is not any zoning or planning commission. The subdivision was not required to be filed. I am currently in a lawsuit where the owner / contractor of the subdivision has closed a road out of spite, 8 years from the creation of the subdivision. The road is written on all the deeds except those lots created before the subdivision was created. I was able to keep the road open for now, but the trial is in early June, 5 years after filing suit. I expect to win, but the road to get there is $$$$$.
Like most Tennessee laws, there are exceptions. I assume you have an attorney. If not, I highly recommend NOT trying to do this pro se. And yes, there may be a clear answer, but because of the way the US system is, a person has to go through the courts for nearly any decision.