Dworken & Bernstein’s real estate attorneys are experienced with navigating the complex regulations surrounding the splitting of larger parcels of real estate into smaller parcels for sale, development, or transfer.
We are well versed in understanding the legal work necessary for relocating the lines between parcels of land for land owners to swap or alter the size of their parcels. These types of transactions frequently occur when farmland or other large parcels are purchased by developers for a planned development or are to be split up amongst heirs. Occasionally property lines are adjusted between owners to deal with encroachments, antiquated lot line surveys, driveway and access issues, and the running of utility lines or location of septic systems. More rare cases deal with water runoff, retaining ponds or walls, and shared or party walls where the property line runs between the walls between buildings.
The regulations on lot splits are often confusing having concurrent authority between counties/townships and cities within such counties. Each municipality often has their own esoteric requirements, forms, and procedures for obtaining a lot split or property line adjustment. Our attorneys draft the deeds, applications, and attend hearings required by governmental agencies for the approval of such lot splits or adjustments. We work with surveyors, consultants, and other professionals needed to accomplish these transactions and are experienced in navigating the zoning, environmental, utility, access and other issues that arise in splitting real estate.
Dworken & Bernstein’s attorneys assist in negotiating and drafting easements, party wall agreements, and other documents to govern the relationships between adjoining land owners. These frequently arise in lot splits and property line adjustments but also arise in a wide variety of other circumstances. We assist land owners in negotiating, drafting, and negotiating easement documents which deal with the rights of one party to use the land of another party. Easement agreements are frequently required with shared driveways and parking lots, crossing utility lines, water runoff and drainage, and shared walls. Other situations include conservation easements, limitations on use, homeowner association restrictions, and other land restriction documents. We also assist in negotiating, reviewing, and drafting mineral rights, riparian (water) rights, and air-space easement agreements. Any permanent agreement between land owners should be reflected in a written agreement that is recorded in the records of the county where the property is located. There are frequently many nuanced issues that arise as part of these agreements from maintenance, repair, and upgrades of the easement areas, limitations on use of the area by the subservient land owner, ability to plant trees, flowers, and erect buildings in such areas, and the resolution of any future disputes between the land owners. Dworken & Bernstein’s attorneys are well versed in handling all elements of these real estate transactions.