How to split parcels in Ca.

Joe, start by having the deed and recorded maps checked to establish whether the 27.7 acres is one legal parcel or already consists of separate parcels. Then take a sketch of the proposed 17.7-acre sale and the 10 acres you want to retain to the planning office responsible for the property. Ask whether that arrangement could be approved and what review would be required before paying for a full survey. Pay particular attention to what remains with the two homes, shop and barns: access, water, septic and the proposed boundaries. Have the farm lease reviewed as well. If the whole property is mortgaged, ask the lender what would be needed to release the portion you sell. The acreage alone doesn't establish whether this split will work. Austin Moore Broker/Owner, Austin Moore & Company Real Estate Realtor in Longview, Texas

Joe, yes, you may be able to split your 27.7 acres into two separate parcels, selling 17.7 acres while retaining the remaining 10 acres. In California, land divisions are governed by the Subdivision Map Act, along with county or city regulations. Here are a few important considerations: 1. Zoning and minimum lot sizes: The county will determine whether your property can legally be divided into a 17.7-acre parcel and a 10-acre parcel. Agricultural zoning sometimes requires larger minimum parcel sizes. 2. Agricultural restrictions: If the property is under a Willimanson Act contract or another agricultural preservation restriction, additional requirements may apply. 3. Access and utilities: Both parcels generally must satisfy access requirements. The county may also review water rights, wells, septic systems, easements, and existing structures. 4. Parcel split approval: You would typically work with a licensed land surveyor or civil engineer to prepare a proposed parcel map for review and approval by the appropriate planning department. My recommendation is to start with the county planning department before spending money on surveys or engineering. They can help determine whether the proposed division is feasible. Joe, what county in California is the property located in, and do you know its current zoning designation? With that information, I can help you identify the specific requirements and determine whether your proposed split is likely to be permitted. The good news is that you already have a potential buyer for the 17.7 acres. The next step is determining whether the property can legally be divided. Brenda Ashby | REALTOR® | JohnHart Real Estate | DRE License # 01700249

Joe, yes, in California you can usually split a parcel like this, but the path depends on your county zoning, so start with the county planning department before you talk price with your farmer. The split itself is governed by the Subdivision Map Act, and a division into four or fewer parcels typically goes through a parcel map. Your county will check whether 17.7 acres and 10 acres each meet the minimum parcel size for your zoning, which on agricultural land can be large. Ask planning, in writing, what the minimum is and whether either piece would be legally non-conforming. Things that commonly trip up a split like yours: a Williamson Act (agricultural preserve) contract on the land, which restricts the size of parcels and can affect splits and property tax; legal access and an easement for the farm parcel; separate well and septic for the two homes, shop and barns on the 10 acres; and the county possibly requiring surveys, a preliminary title report, and sometimes a soil or water review. The process can take months and cost real money (survey, engineering, county fees), so get a rough budget first. Two practical tips. Ask your farmer whether he would buy at a price that covers the split costs, and make the sale contingent on the parcel map being approved and recorded. And talk to a land use attorney or a civil engineer or surveyor who knows your county before you file. I am a real estate professional, not an attorney or a surveyor, so treat this as a map of what to ask. I work in the Palos Verdes and South Bay area of Los Angeles, so for a rural parcel in your county I would point you to a strong local land and ranch agent, and I am glad to help you find one. Zoltan Peresztegi Zoltan

Often, yes. But in California the county decides, not you and the farmer. A handshake and a deed won't do it. A legal split goes through your county planning department, usually with a parcel map and a new survey. Here's what they'll look at: Minimum parcel size. Your zoning sets the smallest lot allowed. Ag zoning can require big minimums, so make sure both a 17.7-acre piece and a 10-acre piece are legal on their own. The 10 acres you keep. Two homes, a shop, and two barns all have to fit on that one parcel and still meet zoning and setbacks. Wells, septic, and leach fields need to stay on your side of the new line, or you'll need recorded easements. Access. The farmer's 17.7 acres needs legal road access. If it doesn't touch a road, plan on an easement across your land. Farmland contracts. If the property is in a Williamson Act contract (the farmland tax program), ask the county early. It can limit how land gets divided. Your mortgage. If there's a loan on the whole 27.7 acres, the lender has to agree to release the part you sell. My suggestion: call the county planning counter first and ask, "Can I split this into these two pieces, and what's the process?" They'll tell you the minimums and fees before you spend money. Then hire a local surveyor, and have a CPA look at the tax side of the sale. I'm licensed in Virginia, not California, so confirm the details with your county and a local agent or real estate attorney. But this is the order I'd do it in. Selling to a farmer who already works the land is a pretty good setup.

It can often be done, Joe, but in California a split like this needs local planning approval, not just a deal between you and the farmer. Dividing land into a few parcels usually means applying for a parcel map, so check two things before you pay for one. First, find out whether your 27.7 acres is already more than one legal parcel. If it is, things can get a lot simpler. Then look at your zoning's minimum parcel size and whether the land is under a Williamson Act contract, since either can limit how small a piece you're allowed to create. The planning office that covers your property near Hollister can answer both if you bring your parcel numbers, and a land surveyor can tell you what the map process involves. Think about the 10 acres you keep, too, since the homes will need their own access and utilities on a separate lot. And have a real estate attorney look over the sale terms with the farmer. Alla Novytska, Realtor®, JohnHart Real Estate, DRE #02254775

Joe, this depends on the zoning. Speak with your local township zoning board. Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States

Maybe, but it depends on how those 27.7 acres are zoned and mapped in San Benito County, not just on the farm lease. Splitting off 17.7 to sell and keeping 10 with the homes, shop, and barns usually falls under California's Subdivision Map Act. Four or fewer parcels often means a parcel map through the county. Before you assume you need a brand-new split, ask Planning whether you already have two legal parcels or could use a lot line adjustment. Ask for a certificate of compliance check on what you have now, too. Two big landmines to check first: 1. Williamson Act or ag preserve contracts, which can block a split or tightly limit it. 2. The farm lease itself (right of first refusal, term, termination). A lease generally continues after a sale unless it says otherwise. The county will also look at permits for the two homes and the barns, plus septic, well, and access. Environmental Health handles septic and well. Minimum parcel sizes vary by zone, and I won't guess yours. Next step: pull up your APN on the county GIS or Assessor map. Then call the San Benito County Resource Management Agency (Planning and Land Use) and San Benito County Environmental Health. A licensed land surveyor and a land-use attorney who know San Benito can map out the path before you write a purchase agreement with the farmer. It's also worth a call to a CPA about the tax side of splitting off and selling the land. This is general info, not legal advice. If you share the APN, I'm happy to help you figure out what to ask Planning. Joe Rose District