Are you considering splitting off a piece of land to sell, build on, or develop? In Iowa, the legal process for subdividing property is detailed and requires coordination with multiple professionals and government offices. The good news? If you follow the proper steps in the correct order, the process becomes much more manageable and ultimately gives you a new, buildable, recorded parcel.
Here’s what you need to know before you get started.
Start with a Surveyor, Not a Lawyer
Before anything else, you’ll need to hire a licensed surveyor. This is the first—and most important—step. The surveyor will measure and map the exact boundaries of the parcel you want to split off and create a legal description that can be used in all future documentation.
A good surveyor does more than draw lines. They’ll also help guide you through your local city or county’s approval process, whether you’re doing a simple parcel split or a minor subdivision. Different municipalities have different rules, and there are specific Iowa laws and local ordinances that apply. For example:
- Iowa Code § 354 governs the subdivision of land and sets requirements for plats, approvals, and filings.
- Iowa Code § 355 addresses land surveys and how they must be completed and certified.
The surveyor should know these rules and your local jurisdiction’s process. They’ll help ensure your project passes planning and zoning without issues. Once the appropriate governing bodies approve the survey, it can be recorded with the county.
The Legal and Title Process Follows the Survey
After the survey is officially recorded, the legal process picks up. You’ll then work with an attorney to prepare the documents required to finalize the split and record the new parcel.
One of the first steps is to build an abstract for the newly created parcel. This can take 3–4 weeks and is a necessary part of Iowa’s title process. Once the abstract is ready, an attorney reviews it to create a title opinion, which checks for any issues like unpaid liens, old judgments, or ownership claims that could cloud the title.
If any issues arise, they must be resolved before the new parcel can be transferred, sold, or built on.
Once the title is clear, your attorney will prepare the platting documents and submit approval requests to the appropriate county offices, including:
- The county auditor, to approve the name of the subdivision (if it’s a minor subdivision)
- The county treasurer, to verify that all property taxes are paid and current
Each of these entities must sign off before anything can be recorded. After receiving all approvals, your attorney will file the final documents—including the title opinion—with the county recorder. At that point, the new parcel becomes official, recorded, and ready for sale, development, or construction.
Subdividing property in Iowa takes time, patience, and coordination between professionals. But when it’s done right, it gives you a clean, marketable parcel that’s ready for the future.
Are you thinking about splitting off land in Iowa? Let Danilson Law guide you through the legal process. From reviewing your survey to finalizing the title work and recording, we’ll ensure that every step is handled with care and accuracy. Book your discovery call today!
