- Subdividing generally involves approvals, a survey and registration, and the exact steps depend on your land and your rural municipality.
- Check the current title first, because mortgages and liens appear on it as registered interests.
- Who may buy the new parcel can matter: non-residents may only acquire 10 acres without an Exemption from the Farm Land Security Board.
Splitting off a yard site or small acreage from a larger parcel is a common goal for Saskatchewan landowners, whether the plan is to sell, give the land to family or keep a home on a separate title. It is not a simple paperwork change, because you are creating a new parcel.
This article gives a general road map and points out where title, farm ownership and registration rules can affect your plans. The specific approvals depend on your land, so confirm the details with your rural municipality (RM) and a lawyer.
This article covers the law of Saskatchewan.
The general path from idea to new title
Most subdivisions follow the same broad order. You confirm what you own, ask the local and provincial authorities whether the split can be approved, have the new parcel surveyed, and then register the result so the new parcel has its own title.
- Review the current title and anything registered against it.
- Contact your RM office early to ask what approval it requires and what it will want to see.
- Ask what provincial review applies to your proposal.
- Arrange a survey of the proposed parcel.
- Register the result and any transfer.
The details of each approval, including timelines and conditions, vary with the land and the proposal. Ask the RM and your lawyer to explain them before you spend money on a survey.
Start with the title
ISC Quick Search finds currently active titles by parcel number, title number, owner name or land description, and lets you view a title image or request a certified print.
On a title, registered interests include mortgages and liens, and a title lock is a prohibition on the title. If a lender holds a mortgage over the whole quarter section, ask your lawyer how the split affects that lender and whether its involvement is needed.
If the new parcel will be sold or given to someone
Farm land ownership rules may matter. Only Canadian citizens, permanent residents of Canada, and corporations or membership organizations that are 100 per cent Canadian-owned and not publicly traded are eligible to hold an interest in Saskatchewan farm land without an exemption.
Individuals who are not Canadian citizens or permanent residents, and entities totally or partly owned or controlled by non-Canadians, must apply to the Farm Land Security Board for an Exemption before acquiring an interest in more than 10 acres of farm land. A Canadian citizen is treated as a resident even if he or she lives outside Canada.
There is also an exception for family. Any amount of farm land can be transferred to a designated relative by a person who has been a resident for five consecutive years and acquired the land while a resident. Designated relatives are children, grandchildren, parents, grandparents, brother, sister, nephew, niece and their spouses.
Fees and registration costs
If the new parcel is sold, Saskatchewan has a provincial fee to transfer property that is based on the property's value. In a standard Law Society offer-to-purchase template, the purchaser pays the Land Titles Registry fees to register the property in the purchaser's name and to register the purchaser's mortgage.
Survey costs, RM fees and legal fees are separate and depend on the project. Ask each for a written estimate.
What to do next
- Pull the current title and note every mortgage, lien or other interest.
- Call your RM office and ask what its subdivision process involves.
- Decide who will end up owning the new parcel and check the farm ownership rules.
- Speak with a lawyer before signing any agreement to sell the new parcel.
- Get written estimates for the survey, approvals and registration.
Frequently asked questions
What should I know before I subdivide my land in an RM?
Contact your RM office early and ask what it requires.
Will a mortgage on the quarter section affect the split?
Mortgages and liens appear on the title as registered interests. How the split affects your lender depends on your mortgage, so ask your lawyer before you proceed.
Can I sell the new acreage to someone from outside Canada?
Non-residents may only acquire 10 acres, and a larger acquisition needs an Exemption from the Farm Land Security Board, obtained by the purchaser. A Canadian citizen is treated as a resident even if living outside Canada.
Can I give the yard site to a family member?
Any amount of farm land can be transferred to a designated relative by a person who has been a resident for five consecutive years and acquired the land while a resident. Confirm the details with a lawyer before you transfer.
Sources
- Government of Saskatchewan – Farm Ownership — saskatchewan.ca
- Government of Saskatchewan – More Information on Farm Ownership — saskatchewan.ca
- CMHC – Saskatchewan Condominium Fact Sheet — cmhc-schl.gc.ca
- Law Society of Saskatchewan – Offer to Purchase — lawsociety.sk.ca
- ISC – Quick Search — isc.ca
- ISC – The Title and How to Read it — isc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a real estate question
A home purchase with us is from $1,437.89, tax included. Third-party fees are extra.