Subdividing land

[EightFingers]

Has anyone done this and had success? Anyone try and fail at it?

We were curious about it so we went to the county and discussed it with them at length. What we came away with was "it's possible, BUT..."
We would have to get a variance at first, then a survey. Lots of forms to fill out, then hearings but it didn't seem all that complicated.
Of course, this will result in additional TMK's which makes me wonder about what the taxes would end up being.
So.....has anyone tried it?

[Bob Orts]

I did not divide, which the Real Estate Agents on Punaweb said was common, we looked into combining lots into one. The process looked daunting but with my mainland work experience I knew it was more process than hassle. Although the buyer ended up doing the combining, they did tell me it looked like a lot of work by regulation, paperwork and process, but was not that much of a problem or hassle in actuality.

[dakine]

The only reason to subdivide would be to gain by selling parts of your original whole, or to be able to build structures, each tied to a different property, thus being able to have two houses (as an example) where now you can only have one. No biggie there, unless you are talking big enough project that the subdivision permit would require you to add infrastructure, such as a road etc. But on a simple large lot that is zoned to allow for 2 or more parcels that are still larger than the minimum lot size allowed it should be no big deal. Do keep in mind that to place a line down the middle of your property will prevent you from doing any improvements that may encroach on that line, with all applicable set backs required to be honored. The paperwork can look daunting, but really it's a survey and the process of getting that survey incorporated into the tax maps. The need for a second home can be met without such a drastic step, ohana zoning allows considerable latitude beyond the single dwelling per parcel limitations, as well as sharing of infrastructure (each septic system can cost upwards to 10k), and with separate lots each house would have to be built totally independent of each other, rather than being able to share infrastructure. but that might not be your goal. If selling one lot to offset the cost of the other is your goal that's a no brainer, other than to consider that once that second lot is sold it will be out of your control and you may eventually end up with people living next door that you would rather not have, and that 'second' lot would have been better kept as a buffer zone.

[John S. Rabi]

As you mentioned, there are lots to subdivide a property. Before you waste any money, check the zoning. If you want to subdivide your one acre HPP lot where all the lots are zoned A-1A, forget it. If your zoning allow subdividing than your chances are better, but you better be on good terms with your neighbors. (You have to notify everybody within a certain distance and they have the option to show up at your hearing.) [][][]

Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.989.1314
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"

[Wao nahele kane]

I've done many of these in the past here in Washington and the sections of code in Hawaii are not unlike those found Washington’s cities/counties. I would say everything stated above is right on.
I would only point one little issue; I don't know your situation and this may not even apply.
I would consider the economy at this time and the actual ability to unload the dirt right now. If you're going to sell the created parcels... consider the additional taxation you may encounter should they not sell right away.
There's not much subdividing going on around here these days.


E ho'a'o no i pau kuhihewa.

[EightFingers]

More information:
Our property is already surveyed in such a way (how to explain this....) that there are already two "parcels" one about 10 acres and one about 20 acres both divided by a road. It's all one TMK, tho'and the road belongs to us. We were just thinking about splitting as the survey was relatively recent (last three years).
The area is AG20 and we would have to apply for a variance to do this (the hearing/neighbors thing).

We're not planning on selling any of this land for at least the next 30 or so years, but I'd like to keep open the possibility of leasing or building other houses I could rent out.

[Rob Tucker]

If you own 30 acres under one TMK which is zoned AG 20 then you will be facing more than just a lot split.

You will need to apply for a rezoning of the 10 acre part as AG 10 or lower.

A 30 acre parcel zoned AG 10 could be split (I believe) without council approval. A rezoning will require a determination and recommendation by the Planning Director which is then submitted to council.

[dakine]

If the area is zoned ag 20 you will probably not get a variance to subdivide the 10 acres. The county stopped allowing that with the end of the Yamashiro admin. Since then I know of no applications of this nature having been approved. Chris Yuen was adamant about this. There is also the fact that the state's current goal of making sure ag land stays in ag use may put your interests in question. The one way around this is to have a working farm with full time employees. With full time employees one is allowed to build extra housing on their property to house said employees, though is not required to rent the added structure to the actual employee. A catch 22 that actually can work in the land owners favor. But I would forget about trying to sub-divide to lots smaller than the zoning allows for unless you have very deep pockets, and seriously skilled lawyers working on your behalf

[DanielP]

My Uncle used to say "just be very quiet, until that idea goes away".

[David M]

You might research old tax maps/surveys/titles to see if any time in past your parcel may have been split. If so, there may be hope.

David

Ninole Resident