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MIAMILAW1127, Attorney
Category: Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I have land (real estate) that is within a mile of the city

Customer Question

I have land (real estate) that is within a mile of the city limit, so it is located in and ETJ (extraterritorial jurisdiction). I wanted to divide the land into two sections and give to each of my daughters, but that will split the land into two 5.5 acre sections. I have been told by the surveyor that the city will not just let me divide the land without platting it like a subdivision and paying all the fees associated with that. I am NOT making a subdivision! I am only gifting my land to my daughters so that they can build their houses. Does the city rule override any rights that I have as far as family land and gifting it to family?
Submitted: 1 year ago.
Category: Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

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The short answer is yes. The city controls the zoning and layout of the property. If you want to break it into two plots of land so that they can each build a property on it, then you will need to divide the plots into two separate folios. If you don't do that and gift them the land, they will each be 50/50 owners of the entire plot, but the plot will only be one plot (which will ultimately affect them in the future as far as selling, etc.).

Unfortunately, the city does have the authority to control the zoning of the property (which will affect if your daughters can build the houses they want on there). You cannot gift the land to them in whatever form you want as it is controlled by zoning laws.

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