Parcel creation in Michigan is governed by the Michigan Land Division Act (Public Act 288 of 1967), specifically Michigan Compiled Laws §560.108, which establishes the formula used to determine how many parcels may be created from a legally recognized parent parcel.
Michigan Land Division Guide
This article is part of the Northern Michigan Land Ownership Guide, which explains property tax classifications, parcel division rules, and regulatory structures affecting rural land in Northern Michigan.
Related articles in this guide include:
- Michigan Land Division Act: Structure and Function
- How Parcel Splits Work in Michigan
- Parent Parcel Definition Under the Michigan Land Division Act
- Private Road Access Requirements Under the Michigan Land Division Act
- How Zoning Affects Vacant Land in Northern Michigan
- Surveys, Legal Descriptions, and Boundary Records in Michigan
- Structural Factors Affecting Vacant Land Purchases in Northern Michigan
- Qualified Agricultural Property Exemption in Michigan
- Michigan Public Act 58 of 2025 (Land Division Act Amendment)
Parcel creation in Michigan is governed by the Michigan Land Division Act (Act 288 of 1967).
The Act establishes rules for creating parcels of land outside the subdivision platting process.
Parcel divisions occurring under this statute are commonly referred to as parcel splits, although the statute itself uses the term division when describing parcel creation under Section 108.
Parcel Creation Under the Land Division Act
The Land Division Act regulates the creation of parcels outside the subdivision platting process.
Parcel creation occurs through divisions governed by Section 108 of the Act.
These divisions result in new parcels derived from an existing parcel of land.
The Parent Parcel
Division rights under the Land Division Act are calculated from a legally recognized parent parcel.
The parent parcel serves as the baseline used to determine how many parcels may be created.
Parent parcel determinations frequently reference parcel configurations existing on March 31, 1997, when amendments to the Act established the framework used for calculating division rights.
Section 108 Parcel Formula
Section 108 of the Michigan Land Division Act establishes the formula used to determine the number of parcels that may be created from a parent parcel.
The calculation may depend on:
- acreage of the parent parcel
- prior divisions associated with the parent parcel
- statutory parcel limits contained in the Act
- Parcel limits are calculated based on resulting parcels, not the number of transactions or ownership transfers.
Historical Parcel Limits
Under the Land Division Act, the number of parcels permitted from a parent parcel historically depended on acreage thresholds established within Section 108.
For example:
- parcels under ten acres permitted fewer resulting parcels
- parcels over ten acres permitted additional resulting parcels
Public Act 58 of 2025
Public Act 58 of 2025 modifies the parcel creation formula contained in Section 108.
Beginning March 24, 2027, the number of parcels permitted from the first ten acres of a parent parcel increases.
Local governments may adopt ordinances allowing expanded parcel creation prior to that date.
Local Land Division Review
Parcel divisions created under the Land Division Act are reviewed by the local land division authority.
Review occurs under Section 109 of the Act.
The reviewing authority is typically the township, city, or county responsible for administering land division applications.
Review commonly includes confirmation of:
- the parent parcel used for the calculation
- the number of parcels previously created
- access requirements for each parcel
- documentation required for recording
Access Requirements
Parcels created under the Land Division Act must have adequate access.
Access may occur through:
- frontage on a public road
- recorded private road easements
- recorded access easements
Access documentation typically appears in recorded property records.
Recording New Parcels
New parcels become legally recognized after:
- approval by the land division authority
- recording with the register of deeds
Recorded documentation commonly includes legal descriptions and survey documentation prepared by a licensed surveyor.
Land Divisions vs. Subdivisions
The Land Division Act governs parcel creation occurring outside the subdivision platting process.
Large multi-parcel developments requiring formal plats are regulated under Michigan subdivision platting statutes rather than the Land Division Act.
Summary
Parcel splits in Michigan occur under the statutory framework established by the Michigan Land Division Act.
Section 108 establishes the formula used to determine how many parcels may be created from a parent parcel.
Section 109 establishes procedures for local review of proposed parcel divisions.
These statutory procedures govern how new parcels may be created and recorded outside the subdivision platting process.