Land lease promotes a stronger residual claimancy and incentive alignment than subdivision because the landlord bears a continuing interest in the property values, whereas the
subdivider's interest is speculative and one-time only.
Mall developers are not the ordinary breed of
subdivider, they're like the SAS of the construction sector, with a special ability to get planning dispensation on things mere mortals and ordinary rich-listers would find impossible.
He believed that planning was an exercise necessitating collaboration: "All the skills of the
subdivider, the architect, the entrepreneur and so on, must be used; all must contribute their best if planning is to succeed--and the public should not allow them to get away with less." (26)
Such property can include building lots in the hands of a real estate
subdivider. (3)
Hartford, (4) the court held that where a
subdivider agreed within a reasonable time to improve the streets and roads in a tract of land relating to the approved subdivision map, and posted with the county a bond to ensure faithful performance of the work, the county presumably was entitled to receive the roadwork, which the
subdivider agreed to perform, and was entitled on a theory of breach of contract to the sum equal to the cost of the uncompleted portion of the work.
But above all, it treats the business of subdividing as a profit-making enterprise, thus drawing proper distinctions between the individual property-holder and the
subdivider. While the former may not ordinarily have his property appropriated without an eminent domain proceeding, the latter may be required to dedicate land where the requirement is a part of a valid regulatory scheme."
It involved a libel suit against a prominent
subdivider, for telling around that a man who claimed to be a joint venturer and partner was a liar, and wasn't entitled to a share in the profit, and all that sort of thing.
The
subdivider is a manufacturer, processer, and marketer of a product; land is but one of his raw materials.
The occasion for recording a separate notice of completion arises, for example, when a
subdivider or developer "subs everything out" to subcontractors that then effectively become original contractors since each contracts directly with the owner of the project.
[w]here the agreement in question is entered into pursuant to a general building plan for the subdivision, the courts uniformly hold that evidence of the existence of such a plan at the time the agreement is made will be sufficient evidence of an intention to attach the benefit to the remaining lots of the
subdivider. II AMERICAN LAW OF PROPERTY [section] 9.29, at 418 (A.
subdivision map is a key part of the promise a
subdivider makes to
(42) Subsequently, with the publication of the Standard City Planning Enabling Act (43) in 1928, the regulations expanded to include the concept of requiring the
subdivider to provide internal improvements, such as streets and open spaces.