Looking to break up an irrigated 40 we own to make the price of the parcel with a house and improvements more affordable when we decide to sell in the very near future.

Anyone have any experience doing a one-time exempt plat division?

The property is in Yellowstone County.

You probably need a surveyor. Around here usually a lawyer too.

Dividing property depends on state and local subdivision rules and regs.

A surveyor will be able to answer all your questions, as well as give you an estimate of what it will cost.

I don't see the need for a lawyer just yet.

All RE is local. You need someone first of all from MT, and even better from Yellowstone County to talk about their experiences.

Laws can vary greatly from state to state, so will procedures etc... This will happen at the county level as well. So at best you'd be getting information that might, just maybe, help you. At worst... well, lawyers are cheap, right?

Surveyor and a real estate lawyer

You should only need a surveyor.

You'd think, right?

On a simple one time division like this, you are probably right.

But the socialistic planning and zoning regulations that restrict your private property rights have made it so hard to get any division done now, that you not only need a surveyor, but an engineering firm, lawyer, environmental study, archeologist, and at least a year's time to get anything approved.

It's sickening what has become the "norm" in doing what you wish with your own land now.

We did it when we built our house. The house is on 10ac so we put the house on 1ac then left the other 9 as ag so the taxes would be lower.
All we did was have the 1ac separated from the 10.
This is KS

We ended up having to subdivide a parcel that was being continually broken up due to expanding inheritance issues. The problem was that each parcel as it would divide had to have it's own individual access easement right of way to the only road frontage. Needless to say it started to eat up a lot of property.

The solution was to subdivide and deed our county a road right of way through the middle of the property where all future parcels could front it.

The entire outer boundary of the combined properties were surveyed along with the proposed county right of way(existing gravel driveway). After that everything can be done through the clerks office via plot maps on their computer as needed with no more physical surveying..

Through a few phone calls our county clerks office walked us through the whole process. We even had to name the subdivision for legal purposes and even got to name the "county road"(actually the county road is still just a long gravel drive way like it always was...)

We didn't need to use a lawyer. But I'm sure there are lots of circumstances that would require one that didn't apply to our situation depending on location as well as other factors(money train).

That would land them in jail here. (Practicing surveying without a license.)

With good reason.

How are the corners set on each individual property?

Does everyone KNOW exactly where their property line is?

Are the legal descriptions correct and mathematically close?

How is the title on each tract when it comes to future sales? Will the title company issue title insurance when they go to close? If not, the tract sold may not be able to be financed by a legitimate lending institution.



Sometimes it's worth it to just pay the surveyor to do what he knows how to legally do.

So far all of the property transfers have been through quick claim deeds. We just shoot our own corners off of the pins on the original plot map. The shape and lay out of the property makes it pretty simple to do. If someone wants to pay a surveyor to do the same thing that's up to them.
If any of the property actually sells and is finaced outside the family then I'm sure it will be another issue all together.

I'll admit our circumstance up to this point isn't really typical but our county seat hasn't had any issues with it so far.

I read some into our local regs.

Yes the property needs to be surveyed.

After that, the paperwork is pretty simple for an exempt plat. This is a one-time option on a piece of property that you are parceling and transferring to a family member. Subdivision regs and hoops are greatly diminished for this subdivision.

What's the going rate for a survey of approx. 38.5 acres?

There ya go!

Most places have exemptions for things like that.

Cost depends on a few things. Like the terrain and brush, and if there are easily traceable monuments, (survey markers), and the complexity of the entire tract, as well as the division.

Of course it also depends on how many surveyors in your service area, and how booked up they are.

If it's able to have GPS used on it, I would charge 1500-1750 and provide a plat showing the division and provide a proper metes and bounds legal description for both tracts, as well as any access easement for the division.

The quote you get may vary though...

Check out the taxes. If it's platted for a subdivision you might find that when they change it from agricultural to residential your taxes go up. They might go WAY up, even if the lots don't sell.

Blaine County, ID pulled this on some ranch land some years ago. There's a particularly scenic ranching area near the town of Bellevue. The county didn't want it subdivided because of the scenic value so they passed an ordinance limiting lots to 25 acres or more. Then, to raise money, they rezoned it to residential even though it couldn't be divided. The ranchers' tax rates went way up. It ended up in court, of course, and the county lost.

Probably a title company also