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A minor land division permit is required for any divisions of land into five or fewer parcels if any of the resulting parcels are less than 10 acres in size. Please note, Cochise County Planning and Zoning does not review Minor Land Divisions within municipalities. If applying for a division within an incorporated Town or City, please check with the Town or City to see what that jurisdiction requires for approval.
A split requires a recorded deed, court judgment, or an approved final subdivision plat. In addition, a minor land division permit and a signed Request to Split Form (PDF) may be required. A recorded survey will create a split if the individual surveyed lots are each uniquely identified by a lot or parcel number on the plat. On the other hand, a recorded survey, which does not identify each lot/parcel with a unique identifier, will not create a parcel split in and of itself, since no unique legal description has been established for each lot/parcel by the recorded survey. Finally, if the recorded survey contains a statement indicating that the intent of the survey is not to split the parcel, a parcel split will not occur (Assessor policy).
No -to split property, an applicant must record a deed conveying the property and describe the part of the property being conveyed in the deed’s legal description. The Recorder's Office forwards all documents transferring the property to the Assessor. The Assessor splits the property according to the description on the recorded document. A minor land division permit is a "planning check" inserted into the process prior to the ultimate land division taking place to ensure zoning compliance. The Minor land division permit grants permission from the Cochise County Development Services to split the land. The MLD, when required, is recorded, along with recorded deeds which create the splits.
A minor land division is not required to adjust a property line, where land taken from one lot is added to an adjacent lot, provided the proposed adjustment does not create a substandard lot and the lots are not within an approved subdivision. A minor plat amendment is required for any lot reconfigurations within approved subdivisions. A Request to Combine Form (PDF) or a Request to Split Form may need to be submitted along with a valid legal description and possibly a recorded survey, depending on the complexity of the reconfiguration.
Obtaining a property survey is a crucial step in the process of responsible land development. Surveys protect landowners by providing them important information about the parcel itself as well as physical vehicular ingress and ingress to the site. It may also specify the adequacy of access for a particular purpose, such as emergency vehicles, and whether it can be traversed by a two-wheel-drive vehicle.
Surveys are commonly used to determine all boundaries and features on a site, to determine easements and encroachments, as well as to satisfy local building codes and regulations. The location of underground features may limit or preclude where you place future structures or even vegetation on the site. At some point in the development process, you will likely need a survey. It seems most equitable for us to require the applicant proposing the split to provide this information. Moreover, surveys are legal documents that will hold up in court proceedings.
Property legal descriptions can be found on a property's officially recorded documents. A document search online or at the Recorder’s Office may be necessary. Due to space limitations, the county is sometimes unable to use complete legal descriptions on the website, Assessor notices, and tax bills from the Treasurer. Assessor property descriptions may be condensed and/or abbreviated. This non-legal property description should not be used for legal transference of property.
Complete and return the signed Request to Combine form to the Cochise County Assessor's Office. The combine will be processed for the next assessment year. Be advised of the following requirements:
Request to Combine Form (PDF)