Merging and severing land are two important concepts in land development and property management. Both processes involve dividing or combining parcels of land, but they serve different purposes and are governed by specific legal and zoning regulations. Here's an overview of each process:
Land Severance
Land severance refers to the process of legally dividing a single parcel of land into two or more smaller parcels. This is often done to sell, develop, or repurpose portions of a property for different uses. In Ontario, land severance is typically governed by the Planning Act and municipal zoning by-laws, with approval required from the local municipal government or the Committee of Adjustment.
Key Steps in Land Severance:
Application Submission:
The property owner submits an application to the local municipality’s Committee of Adjustment or the Land Division Committee (depending on the jurisdiction).
The application must include relevant documentation, such as property surveys, plans showing proposed lot boundaries, and details about the intended use for each new parcel.
Municipal Review:
The municipality reviews the application to ensure it complies with local zoning by-laws, the Official Plan, and other land use policies.
Planning staff will assess factors like access to roads, proximity to utilities, environmental concerns, and the impact of severance on surrounding properties.
Public Notice and Hearing:
A public notice is usually posted to inform neighbors and other interested parties of the proposed severance.
A public hearing may be held, where affected parties can voice concerns or support for the application.
Decision:
After reviewing all materials and hearing any public input, the Committee of Adjustment will make a decision to approve or deny the application.
If approved, the severance is officially registered with the Land Registry Office, and the newly created parcels are legally recognized.
Common Reasons for Land Severance:
Residential Development: Dividing larger lots to create additional residential lots.
Commercial or Mixed-Use Development: Creating separate parcels for different types of development.
Sale of Land: Severing a portion of the property to sell for a specific purpose (e.g., farmland, a building lot).
Subdivision: Preparing a piece of land for subdivision into multiple smaller lots for sale.
Considerations & Challenges:
Zoning Compliance: The proposed severed lot(s) must comply with the existing zoning by-laws. For example, the minimum lot size, frontage, and setbacks may need to be met.
Infrastructure: Ensuring that each new parcel has access to roads, utilities, and services.
Environmental Restrictions: Severances may be prohibited in areas with environmental protections, such as wetlands or floodplains.
Land Value: A severance may reduce the value of the remaining land or the new parcels, depending on the market and location.
Land Merging
Land merging refers to the process of combining two or more adjacent parcels of land into a single larger parcel. This can be done for various reasons, including to streamline property ownership, facilitate future development, or meet zoning requirements. Land merging typically occurs when parcels are held by the same owner and are contiguous (i.e., share a common boundary).
Key Steps in Land Merging:
Voluntary Agreement:
The owner of two or more properties may voluntarily apply to merge their lands. In some cases, municipal authorities may require land merging to correct zoning violations or to facilitate development.
Application and Approval:
While land mergers are often more straightforward than severances, they may still require municipal approval. This depends on the local zoning regulations and whether the land in question meets the necessary conditions for merging.
In some municipalities, merging is automatic if the properties are under the same ownership and have no intervening road or other barriers.
Zoning and Land Use Compliance:
The land merged must comply with the existing zoning regulations, including minimum lot sizes, setbacks, and other requirements.
Merging may allow the landowner to bypass zoning constraints that apply to individual smaller lots, such as minimum lot frontage or required separation from other buildings.
Registration:
Once approved, the merged land is registered as a single parcel in the Land Registry Office.
Common Reasons for Land Merging:
Increased Development Potential: Merging parcels to create a larger site for residential, commercial, or mixed-use development.
Zoning Adjustments: Combining parcels to meet zoning regulations (e.g., minimum lot size or frontage requirements).
Efficient Land Use: Combining small, fragmented lots to make better use of the available land, particularly in urban or suburban areas.
Estate Planning: Simplifying property ownership and avoiding complex property divisions for heirs.
Considerations & Challenges:
Zoning Restrictions: If the merged land violates any zoning by-laws (such as exceeding the maximum permitted lot coverage or building height), the owner may need to apply for a zoning variance.
Land Use Compatibility: The merged parcel should be suitable for the intended use, whether residential, agricultural, commercial, or industrial.
Infrastructure and Access: If the parcels are isolated or have no legal access, they may not be eligible for merging.
Tax Implications: Combining properties can affect property taxes, especially if it results in a larger, more valuable parcel.
Key Differences Between Severing and Merging Land
Feature | Land Severance | Land Merging |
Purpose | Dividing a single parcel into multiple smaller parcels. | Combining multiple parcels into one larger parcel. |
Approval Process | Requires approval from municipal authorities or Committee of Adjustment. | Typically requires municipal approval but can be automatic for contiguous properties with the same owner. |
Common Use | To sell or develop portions of land. | To consolidate land for development or to meet zoning requirements. |
Zoning Considerations | New parcels must comply with zoning by-laws. | Merged land must comply with zoning but can provide flexibility (e.g., for larger developments). |
Public Hearing | Public notice and hearing may be required. | Public hearing is generally not needed unless specific circumstances apply. |
Conclusion:
Both land severance and land merging are key tools in land development and real estate management. Severance allows property owners to divide a parcel for sale or development, while merging helps streamline property ownership or create larger, more viable development parcels. In both cases, understanding local zoning laws, land use policies, and municipal approval processes is essential for a successful outcome.
At Wesking Homes, our expertise in land severance and development can help guide you through these processes, ensuring that your land development goals are achieved efficiently and within legal guidelines.
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