can agricultural land be subdivided



Subdividing farmland for use as multiple residential development projects can often be a very lucrative proposition. The upkeep and operational costs needed to farm the land often means that the property is unable to provide owners with the return of investment they may be seeking.Jan 7, 2020

Can you subdivide agricultural land in South Africa?

It is worth noting that it is also not possible to subdivide agricultural land in South African when selling a property due to the same legislative regulations. A farm may only be sold to one person or entity and as such, the offer to purchase cannot be made by more than one person.

Can you build a house on agricultural land South Africa?

“The law specifies that land zoned as agricultural land, is not allowed to have more than two main houses on one farm. You need special permission to subdivide land and this is very difficult to obtain.”

How do you divide a section of land?

Answer: The process to split a piece of land into smaller pieces is known as “subdivision.” The subdivision process starts with the Regional Planning Department (DRP) where a tentative map must be filed first. After the tentative map is approved, a final map must be processed and recorded through Public Works.

How do you subdivide land in South Africa?

To do this, you need to submit detailed plans to the municipality. You will also need to apply for the rezoning of the property at the deeds registry. This will require a surveyor to draw up plans for the subdivision, which need to be approved by the Surveyor General.

Can I put a log cabin on agricultural land?

Agricultural accommodation – If you build a log cabin for agricultural workers. Then it won’t be considered permitted development. Say you want to add a log cabin to farmland, you need to tell the council.

How do I convert my agricultural lot to residential lot?

You have to apply to the government authority, explaining the purpose of conversion. Along with the application, you will need to attach certain documents, the latest tax declaration covering the subject property and vicinity map.

What does it cost to subdivide a property?

Subdividing a property in Auckland generally cost between $120,000 – $150,000. There is no flat rate for a subdivision project in Auckland. Every property and development will have different requirements, so the overall subdivision cost will depend on the unique tasks taken.

How do you split a lot?

Call your local planning, zoning, and/or development office. They can tell you the subdivision process for your area and give you information on any existing zoning restrictions. You can also check online to see what information exists. This will help you understand whether or not your property qualifies.

How do you separate land between families?

A partition deed is executed by co-owners In case a partition is by mutual consent, a partition deed is executed by the co-owners. The partition deed is required to be registered at the office of the sub-registrar of the place where the property is situated as in case of any other registration.

How much does it cost to subdivide land in South Africa?

Subdivide the block of flats from the house and sell the block and the house separately: The cost of a subdivision of the 2 parts would be about R150 000, which would include town planning costs, municipal costs, surveying costs and the conveyancing costs.

How much does it cost to rezone property in South Africa?

Rezoning is the action or process of assigning land or property to a different category of restrictions on use and development. The fee can range anywhere from R 7754.04to even R77540. 42 if the property is in the 20-25 acre range.

What is the purpose of subdivision of Agricultural Land Act?

In Van der Bilj v Louw (1974) 2 SA 493 (C) 499 the Court commented that the purpose of the Subdivision of Agricultural Land Act 70 of 1970 (the Act) is to prevent the turning of agricultural land with huge yields into uneconomic sub-units.


Subdivision of Agricultural Land Act South Africa

In Van der Bilj v Louw (1974) 2 SA 493 (C) 499 the Court commented that the purpose of the Subdivision of Agricultural Land Act 70 of 1970 (the Act) is to prevent the turning of agricultural land with huge yields into uneconomic sub-units.

Application for Subdivision of Agricultural Land

In seeking approval from the Minister for subdivision, one must engage the services of a surveyor to come up with the diagrams for the intended subdivision, and together with the application these can be submitted to the Minister for assessment and approval.

Van Deventer & Van Deventer Incorporated – Property Law Attorneys South Africa

The subdivision of agricultural land is fraught with legal restrictions that seek to protect the integrity and productivity of agricultural land. In situations where parties intend to subdivide it for various reasons like the above or other, we assist with that process, and we encourage parties to consult with us in that regard.

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What does “subdivide land” mean?

When you hear the phrase “subdivide land,” you likely think of suburban-style subdivisions.

Why do people want to buy land?

They may want to create housing for loved ones , or they want to want to make a profit from the land that they purchased .

What are the risks associated with subdivision?

Speaking of risks, one of the biggest risks associated with a subdivision project is market risk.

Can you find out about deed restrictions?

Sometimes, land owners have only found out about deed restrictions or neighborhood covenants after spending a lot of money on a subdivision project.

Does subdivision increase the value of land?

While a subdivision typically increases the value of the land, there are financial risks and hardships involved.

How to find out zoning for a property?

Contact the municipal planning and building township of the township or municipality to learn the property’s zoning category.

Can you build a home on a lot?

Build an extra home for family. In many areas, you are only allowed to build one home on a lot. By subdividing a larger lot, you can create several building lots that will allow you to build a few homes near yours for your children or parents. 3.

What is subdivision in land?

Subdivision is rather simple. It involves taking one tract or piece of land and dividing it into two or more tracts of land.

Why do people subdivide their land?

People typically subdivide their land so they can sell off a portion. You may want to subdivide land for family, so they can live close by. Or perhaps you want more lots for a housing or commercial development.

How much does it cost to build a subdivision?

At a minimum, you need a survey and a plat. Expect to pay application and recording fees, too. A very simple subdivision could possibly be done for under $2,000 —but that’s rare. Most subdivisions require some type of utility installation, and many also require road construction. Think about it: How will the new tract get water? And how will you access the plot?

Can you subdivide a lot into 10,000 square feet?

You can’t subdivide land zoned for one-acre-minimum lots into 10,000-square-foot lots. To do so necessitates a rezoning—a different game entirely. Some properties don’t technically qualify for rezoning. That doesn’t necessarily mean the end of your ambitions!

What is plat map?

And these pros will create a plat—a fancy word for a map or subdivision layout drawn by a surveyor or engineer. Your plat map will depict the subdivision (or lots) you want to create from your parcel of land. Every jurisdiction mandates what a plat map needs to show, such as streets or utilities—so, again, know your local rules.

Is 5 acres considered subdivision in Tennessee?

For example, in Tennessee, any division of land over five acres is not considered a subdivision… unless you’re in Shelby County, where the standard drops to four acres. And if you’re installing roads or utilities, size doesn’t matter.

How many tracts are in a subdivision?

A subdivision may involve only one new tract—or hundreds. However, the United States lacks a standard legal “subdivision” definition. If you are thinking of subdividing land, you are going to have to look into your local rules.

A. Applications for consent

Any person who makes a false statement in any application made in terms of the Act commits a crime by doing so. 2

C. Sale of agricultural land

It is a crime to sell (or even advertise for sale) a portion of agricultural land without the Minister’s consent. 6 7

D. Land investigations

The Minister can authorize entry, investigations, and other acts to be performed on agricultural land and which relate to the purposes of the Act: subdivision, the creation and registration of servitudes and so on. It is a crime to hinder or obstruct any person in the performance of these functions. 9

What determines the ability of a land to be subdivided?

The zoning of the land: The zone or zones of the land in question will largely determine the ability of the land to be subdivided. In general, the Local Environmental Plan (LEP) will prescribe whether land within a particular zone can be subdivided.

When should a consultant be engaged in subdivision?

As each site is unique, a consultant should be engaged when you begin the subdivision process to assist you in obtaining the necessary information, certificates and advice.

Is electricity expensive in a subdivision?

Providing electricity to a subdivided lot can be expensive. In rural areas, provision of power to a new lot can be the largest single expense in the subdivision process. In urban areas, the location of the power connection should be carefully considered, and may involve the necessity for easements over adjoining land. Provision of electricity services may include creation of easements for the infrastructure such as poles, transformers, underground cables and pillars. While there is a cost to be considered with easement creation, agreement of adjoining land owners can be difficult to obtain.

Can land be restricted in subdivision?

Land which is affected by more than one zone may be restricted in subdivision potential unless there is a provision in the LEP for this to occur. Site-Specific restrictions. Other restrictions can apply to a site which may not be immediately obvious.

Can a farm dam be used as a water supply?

Farm dams, rivers and creeks, springs and bores can be used as a water supply, however must be able to provide sufficient water for the proposed use of the new lot. In many cases, a water licence must be available. Where the water source is not within the subject land, easements may be required for the pipes and other infrastructure.

What is the best way to plan a subdivision?

Planning for Land Subdivision. If you’re planning a subdivision, it’s a good idea to hire a licensed surveyor to create a development plan for the land . The surveyor will take accurate measurements of the parcel and the lots it will contain, as well as physically mark the ground with flags to show where the division of property will be. …

Can you split land into different parcels?

But when it comes to splitting your land into different parcels, you must follow the rules in your jurisdiction to make sure you do it legally.

Can you split land into two lots?

Splitting a land parcel may be a time-consuming process, but there are many benefits to partitioning your land. By doing so, you can split your land into two or more residential lots, depending on the size of the property. This can turn into more profit for you as you rent out or even sell those lots. Selling subdivided land parcels often brings …

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