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Bob Wallace, of Global Raymac Surveys Inc. recently did a presentation at the Calgary Real Estate Board on Rural Real Property Reports. While he wasn’t adequately able to give the topic the amount of time that it deserves, he did touch on many important topics around the country residential real property reports and acreage Real Property Reports.
Prior to 1987, the Calgary Regional Planning Authority provided orderly planning for the city and surrounding areas in Rocky View County and the MD of Foothills #31. They eventually relinquished their administration of those areas effectively causing each town and hamlet to provide their own planning authority.
The Manual of Standard Practice for Surveyors varies from municipality to municipality. For example, MD Foothills doesn’t require sheds etc to be indicated, however, Rocky View County does require them.
Water well heads may be shown depending on municipality. Since there is currently no central planning authority for Alberta, each town and hamlet ahs their own planning commission with their respective regulations.
A Real Property Report can be an invaluable tool for your real estate agent who can indicate where the wells are, septic tanks etc. Movable skids ought to be moved centrally on the property to save costs, in the case that it might be on the property line. Buyers ought to be extremely cautious when signing a Statutory Declaration at the lawyers office to ensure that the Real Property Report accurately reflects the current state of the improvements on the property, unless they are absolutely certain that it is correct.
Things to watch for on an old RPR – Often an old fence or structure will have been replaced and not indicated on the Real Property Report. Examine the effective age of the structure to determine if the Real Property Report needs to be updated.
From the dates 1987 to 1991 different criteria was used and therefore the Real Property Report should probably be redone to reflect the current land use bylaws in your area. Rural Real Property Reports can rage anywhere from $1000 to $2500 or more depending on the land size and scope of the project. If a fence line is to be surveyed, it could become very costly over the total acreage.
Watch descriptive plans on Real Property Reports which may indicate the land has been subdivided using the “first parcel out” process. They can frequently be a indicator of potential problems on the Real Property Report and often be lacking survey pins. If the surveyor has to plant these there will be substantial extra charges.
Where a Real Property Report does not exist, Title Insurance may offer the buyer of a country residential property or acreage some comfort. While the insurance may provide a remedy to the owner, if the contingent defect to the title is not discovered during their term of ownership, the buyer will then be faced with the responsibility of having that burden on their own shoulders at time of sale, and this is definitely not desirable.
Lender Title Insurance will expire when the mortgage is discharged. Lender-Owner Title insurance will remain with the property for as long as the owner retains possession.
When making modifications to a country residential or rural acreage Real Property Report , Global will do the updates to today’s standards which will provide you with an additional level of protection. Global Raymac Surveys Inc. has offices in Medicine Hat and Lloydminster. Their GPS enabled equipment can locate a survey marker within two centimeters.
Additional services the provide:
Encroachment Agreements
Relaxations
Development Permits
Being an REALTOR® that sells acreage properties in Rocky view County, the seminar was very helpful.
Land subdivisions seem to be a hot topic for discussion these days, so this article addresses some questions with respect to changes in the “First Parcel Out” regulations within of Rocky View County (formerly known as the M.D. of Rocky View).
“First Parcel Out” subdivisions are considered under the Rocky View Municipal Development Plan (MDP) section 14.10 as “a single residential parcel created from a previously subdivided quarter section”. They are One of the more common planning applications received, and are the basis is to allow agricultural producers/residents to separate a farmstead or home site from the larger agricultural land base. Typically “First Parcel Out” subdivisions, providing they conform to all applicable County planning policies, are less complex than other types of development or subdivision applications.
After a “First Parcel Out” subdivision has occurred within the quarter section, further subdivisions are more challenging and an application requires substantial evaluation using different criteria.
Making an application for land subdivision is a complex but not overwhelming undertaking which can have desirable results. The process entails splitting off a parcel of land from a quarter section of land, under a separate title. A quarter section being 160 acres and measuring 1/2 mile x 1/2 mile.
When evaluating applicable land use district redesignation and subdivision applications, several aspects are looked at and evaluated. Applications must conform to provincial and municipal regulations such as:
The Municipal Government Act (provincial)
The Subdivision and Development Regulation (provincial)
The Alberta Water Act (provincial)
Rocky View County Land Use Bylaw (municipal)
Rocky View County Municipal Development Plan (municipal)
Applications are circulated to a number of internal County groups and external agencies to which the application may have an impact on or infringe on specific jurisdictions. Examples of stakeholders include:
Fire and emergency services
School boards
Adjacent municipalities
Oil and gas
Utility companies
Provincial agencies
Where the application is proposed may affect nearby residents, notification of the application is sent to adjacent landowners and advertised in the local newspaper. Affected landowners are also given an opportunity to submit comments or speak at a deciding meeting. Some common concerns might include:
Concern over agricultural land becoming residential
Feelings of loss of privacy and safety
Impact on property values or character of area
There are also a number of technical issues primarily deal with infrastructure and construction issues. Examples of these are:
Storm water management
Adequate servicing solutions (Water and sewage)
Access and possible impacts to the road network
Appropriate area for building (topography, grade, sufficient setbacks)
The Roles of Rocky View County’s Administration and Council
Administration:
Advises Applicants
Processes received applications
Facilitates input from public and affected agencies, such as utilities, provincial, recreation, school boards, etc.
Makes a final recommendation, but offers other options for Council’s decision
Council: Renders final decision on an application, however may delegate this authority to Administration. The decision is based on:
Recommendations, options, and information provided by Administration
applicant’s testimony
Comments and concerns received from affected land owners and stakeholders
“First Parcel Out” considerations (Policy)
The Rocky View County Municipal Development Plan Bylaw C-4840-97 is the primary planning document that guides decision on these applications, and specifically is addressed in sections 4.11, 4.12, 5.2.1 to 5.2.4 of the bylaw.
The Rocky View County C-4841-97 Land Use Bylaw outlines the requirements of the applicable land use districts, specifically:
Section 45 Farmstead District (F)
Section 47 Residential Two District (R-2)
Section 48 Residential Three District (R-3)
First parcel out falls under two categories
Farmstead
New residential Farmstead
Farmsteads - where there is an existing residential site, that has been used in conjunction with the agricultural operation, that will be separated from the quarter section. Among the criteria to be considered as a Farmstead:
Existing dwelling has to be in existence for 10 years or more prior to application
The parcel has direct access to a roadway
Parcel is generally limited in size to original farmstead site
Requires redesignation to Farmstead (F)
The proposed parcel is limited in size to the original farmstead as defined by physical site characteristics (Shelter belts, vegetation, land needed to access site).
New residential Districts – The new parcel will be created within the quarter section to allow for a new home or to accommodate an existing home that does not meet farmstead criteria (i.e. newly built homes). Among the criteria to be considered new Residential:
The land must constitute a single parcel created from a previously unsubdivided quarter section.
The land must be designated as a residential land use district ( R2, R3).
Be generally 4 acres in size, but no more than 19.9 acres.
1.62 hectares (4 acres) minimum in size.
In both cases exceptions can be made for larger parcels in order to accommodate a small agricultural use, an existing residential site that does not qualify as a Farmstead, or a fragmented or isolated portion of land, with the provision that the maximum allowed size has to be less than 8.09 hectares (20 acres).
If an application is approved, conditions are required to be completed by the landowner/applicant prior to the County authorizing (endorsing) registration of the new parcel with Alberta Land Titles. Typical conditions may include:
Plan of survey done for the new parcel
Any outstanding taxes to be paid
Any new or existing accessing to be built/upgraded to County standards
Registration of any easements and Right of Ways
Confirmation of adequate water
Real Property Report (RPR) confirming location of existing structures
Conditions are required to be completed within a year, however additional time may be granted at the discretion of the County.
Note on Municipal Reserve and Transportation Levies
The County Transportation Levy Bylaw 6935-2010 allows for financing of new or expanded roads impacted by subdivision and new development. Levies are collected on certain subdivisions and commercial/industrial development. “First Parcel Out” subdivisions are currently exempt from transportation levies.
As per the Municipal Government Act, a municipality may take 10% of the area being subdivided, either as land or it’s raw land assessed market value (cash in lieu). This is collected for the purposes of providing recreation, schools, or public open space within the County.
Section 663 of the “MGA” however, exempts reserve being collected in certain situations, including when a “First Parcel Out” of a quarter section occurs. This is referred to as the Municipal Reserve Transportation Offsite Levy.
Additional “First Parcel Out” considerations
Boundaries generally include the original farmstead site
All buildings to be checked to ensure applicable setbacks conformed to new boundaries
Making application for Farmstead separations:
The initial application fee of $1200. This includes the redesignation application if required. If the subdivision is approved final endorsement fee is $675. The total cost for the application is $1875 and is GST exempt.
For “First Parcel Out” applications that aren’t considered as a Farmstead separation:
The initial application fee of $1200 and includes redesignation application if required. If the subdivision is approved, the final endorsement fee is $1025. The total cost of application is $2225 and is GST exempt.
Application fees do not include outside costs, such as surveying, studies, testing, etc. If the correct land use designation is in place, the total application cost is reduced by $650.
As a rule of thumb, providing that your application meets criteria of the applicable policies and subject to Council’s decision, “First Parcel Out” subdivision applications are generally less complex than other types of subdivision applications. The majority of these applications can and are made by landowners with little planning experience or background. The general timeframe is approximately 6-8 months for decision. If you are contemplating a “First Parcel Out” subdivision application or any other subdivision application you are encouraged to set up a preliminary meeting with staff at Rocky View County. Special thanks to Rocky View County for assisting with the valuable information provided in this article.
For more information or assistance with respect to “First Parcel Out” land subdivisions please call.
