Also known as:subdivides · subdivided · subdividing · subdivision · subdivisions · sub-division
Written by attorneys · grounded in primary & secondary sources — see below
To divide a parcel of land into two or more smaller lots or parcels. Successors to possession of each resulting part inherit the use privileges authorized by any appurtenant easement unless the original transfer or easement terms provide otherwise.
Sources & Authorities· 37 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Witness Statement on Land Division
Sofia Stern testified that she never intended to subdivide the dominant parcel. After the court gave her an opportunity to explain or deny an earlier writing stating the opposite, the adverse party introduced the writing as extrinsic evidence of the inconsistency.
Easement Rights After Division
Scott Summers subdivided the dominant tenement into three lots and conveyed one to Sabrina Shah. Sabrina succeeded to the right to use the servient tenement for access because the easement terms did not limit succession upon subdivision.
Race-Based District Lines
Simon Stern drew district boundaries that subdivided existing towns to connect distant retail corridors where minority residents predominated. The plan subordinated compactness and respect for political subdivisions, triggering strict scrutiny because race predominated over traditional criteria.
Skylar Sullivan, a state employee, received grand-jury information to assist federal enforcement after the relevant governmental subdivision authorized her role. She could use the information only for that purpose and the attorney for the government had to notify the court of the disclosure.
Dismissal for Failure to Prosecute
Stephen Shaw failed to prosecute the action after the court ordered him to subdivide discovery requests into separate categories. The defendant moved to dismiss and the order operated as an adjudication on the merits because it did not state otherwise.
Public Nuisance Standing
Silverline Industries sought to enjoin a public nuisance affecting multiple parcels it had subdivided. The court required the company to show either a right to damages, authority as a public agency, or standing to represent the general public.
Common questions
Frequently Asked
3
What happens to easement rights when the dominant tenement is subdivided?+
Successors to each subdivided part inherit the use privileges authorized by the easement unless the transfer or easement terms limit that succession.
Supporting sources
When may extrinsic evidence of a prior inconsistent statement be introduced?+
Extrinsic evidence may not be admitted until the witness has an opportunity to explain or deny the statement and an adverse party has an opportunity to examine the witness about it.
Supporting sources
What standard applies when race predominates in drawing district lines?+
The plan must satisfy strict scrutiny and will be invalid unless narrowly tailored to serve a compelling state interest.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…approved by the [Department of Health] or operated by the United States, this state, or any department, agency, or political subdivision of either;] or by a female upon herself upon the advice of the physician; and "(2) within [20] weeks after the commencement of the pregnancy [or after [20] weeks only if the physician has…