Family Transfer
A family transfer is a straightforward way to divide property for the benefit of close family members. Here’s what you need to know:
- What is a Family Transfer?
This process allows property owners to transfer portions of their land to immediate family members, such as children, parents, or siblings, without going through a full subdivision review. - Steps to Complete a Family Transfer:
- Survey the Property: Hire a licensed surveyor to create a plat or map of the new property boundaries.
- Check Local Zoning Laws: Ensure your property complies with county regulations regarding lot size and use.
- Submit a Family Transfer Application: File the required forms with your county’s planning department.
- Record the Transfer: Work with a title company or attorney to finalize the deed and record it with the county clerk’s office.
- File for a new address: Now you can file for a new address for the lot.
- Important Considerations:
- Family transfers are generally intended for genuine family use, not for resale or development.
- Restrictions or exemptions may apply based on local regulations, so consult your county’s guidelines.
- It’s important to know that the lot cannot be sold for 2 years after this is complete.
Mini Subdivision
If you’re looking to divide your property into multiple lots for development or sale, a mini subdivision might be the right option.
- What is a Mini Subdivision?
A mini subdivision involves dividing a parcel of land into smaller lots, typically fewer than five, for individual ownership or development. This is also the process you want to do in order to separate and sell a section of land off of an existing parcel. - Steps to Create a Mini Subdivision:
- Pre-Planning: Work with a surveyor or planner to assess the property’s potential for subdivision.
- Comply with County Regulations: Each county has rules for lot size, access, utility connections, and environmental impact.
- Subdivision Application: Submit a detailed application to the county planning office, including maps, surveys, and plans for infrastructure.
- Approval Process: Attend public hearings or meetings as required to obtain approval.
- Final Plat and Recording: Once approved, file the final plat with the county to officially record the subdivision.
- Key Considerations:
- Mini subdivisions may require installing infrastructure, such as roads or utility lines.
- Environmental assessments or water rights may also be necessary.
- The amount of time it takes to compete is driven mostly by the surveyor’s availability.
- As of 12/09/2024 the fee at the county to do this is $615 + $90 per lot.
- The quickest they have seen this done is 3 months.
Resources for Property Division
- Flathead County Planning & Zoning Department
- Montana Subdivision & Platting Act
- NW Montana Parcel Map Tool
Costs and Timeline
Typical Costs:
- Surveying Fees: $1,000–$3,000+ depending on property size.
- Application Fees: $500–$2,000 depending on the county.
- Legal and Title Costs: $1,000–$2,500+ for deed preparation and recording.
- Infrastructure Costs: Varies based on road construction or utility hookups.
Estimated Timeline:
- Family Transfer: 1–3 months
- Mini Subdivision: 6–12 months (including application and approvals)
Frequently Asked Questions
Q: Can I sell property right after a family transfer?
A: In Flathead county, you cannot sell land that has been through a family transfer for two years post completion.
Q: What happens if my property doesn’t meet zoning requirements?
A: You may need to request a variance or adjust the proposed lot sizes to comply with regulations.
Q: How do I ensure access to the new lots?
A: You’ll need to establish legal access through easements or road construction, depending on the property’s layout.