What is subdivision?

Subdivision refers to the process of adjusting the boundaries of a parcel of land to:

  • Change the dimensions of an existing parcel;

  • Create additional parcels of land; or

  • Reduce the number of parcels of land.

New subdivisions must be approved by the municipality’s Subdivision Authority before the new property boundaries can be registered with the Alberta Land Titles Office.

MPS is the designated Subdivision Authority (or Subdivision Authority Officer) for our municipal clients.

When is a subdivision needed?

A subdivision is required if:

  • A person owns a quarter section, part of a quarter section, or a lot or block on a plan and wants to sell a portion of that property to another person, or wants to sell off most of the property and keep a small portion for themselves;

  • A person owns a quarter section, a part of a quarter section, a lot or a block on a pan and they wants to sell several portions of that area;

  • A person owns several lots or blocks on a plan and wants to create more lots or blocks;

  • A person owns a titled area which is split by a road, a railroad, a river, or a lake, and they wants to divide the titled area using the road, railroad, river or lake as a boundary;

  • A person owns, in one title, several lots on a plan registered prior to July 1, 1950 (prior to Plan 1966 HW) and they want to divide them into separate titles; and or

  • A person or two people own two titled areas (parts of quarter sections, lots, or blocks) and they want to change the boundaries of the titled areas (a boundary adjustment).

Can a Subdivision Authority decision be appealed?

Within 21 days of the date on the letter giving notice of the decision, an appeal may be filed. Appeals can only be made by:

  • Government departments;

  • School boards on a matter of municipal reserve; and

  • The applicant.

Adjacent landowners cannot file an appeal. An appeal (to the municipality’s Subdivision and Development Appeal Board or the Land and Property Rights Tribunal, (depending on jurisdiction) must be in writing and contain reasons for the appeal. An appeal hearing must be held within 30 days of receiving the appeal notice, and the appeal fee must be paid. At the hearing, all parties have an opportunity to provide input and may be questioned. The appeal body has 15 days to issue a decision. A further appeal is available to the provincial courts on a point of law or jurisdiction.

What is Required After the Subdivision Authority has issued a decision?

The steps needed to finalize a subdivision approval are contained in the notice of decision provided to the applicant and include:

  • Contacting a surveyor to prepare the documentation required for the Alberta Land Titles Office;

  • Completing (and providing proof of completion) all conditions of the subdivision approval; and

  • Paying outstanding charges (e.g. municipal reserve, taxes and final fees).

When all the conditions are met and the appeal period has elapsed, the Subdivision Authority will endorse the plan or other instrument. The endorsement sheet will be sent to the to the surveyor that completed the instrument to be filed with the Alberta Land Titles Office.