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The division of land is governed by parameters set out Part VI of the Planning Act. Section 50 (3) details the conditions under which land may be sold and the procedures for the severance of land.
Under section 50(3)(f) consent from the local committee of adjustment is required to sever existing property into two or more parcels. The procedure requires that an application for consent be filed with the committee of adjustment and the requisite fee be paid. A draft reference plan (prepared by an Ontario Land Surveyor) detailing the property configurations must accompany the application.
The application and supporting documentation are circulated to interested parties (the municipality, utility companies, transportation department, etc.) for their review. Objections are filed with the committee, and a public meeting is held, during which time objections to the severance will be addressed. The committee will decide if the severance is warranted and meets the planning requirements of the Act, and the municipality’s bylaws and official plan.
Please contact us for a consultation about our surveyor’s services concerning land division in Eastern Ontario.