Posted by ray@lcorn on January 16, 2003 at 20:56:36:
David,
Maybe I don’t quite understand the situation… what the assessment office does has no effect on whether or not the platted lots are still legally separate. In order to legally conjoin two parcels the lot lines have to be vacated by plat or deed, or both. As long as the lot line exists, that’s where setbacks, encroachments, etc. will be determined.
I think your point is that there leverage to be had with old lot lines, and I couldn’t agree more. We had a building that was built on lots originally platted years ago as a residential subdivision, but the area developed commercially. The exisiting building was spread across the lot lines, built before the zoning ordinance passed, so it was a non-conforming use. The sign ordinance in that town limited signs to one per lot with road frontage. I had 175’ of road frontage in seven 25’ lots, all taxed as one parcel.
We wanted to change the use for the building and needed a big multi-tenant sign because the plan for the building was to split it into multiple uses. The planning director wouldn’t give me a variance for a sign under a shopping center classification, which allowed the bigger size and multiple users. He said I was changing the use, and therefore I had to conform to the present sign ordinance. The underlying zoning allowed the multiple use of the building, so he couldn’t stop that.
I said I understood his position and that his hands were tied. Then I asked to buy permits for seven signs, one per lot. He scurried off and got the code book, and we went to the Town Manager’s office for a ruling. End of story, I got the sign approved.
That’s why I mentioned above that it always pays to read the code. Zoning and subdivision ordinances are the rules we play by, and if we don’t know the rules, then we’re at the mercy of those who do.
I’m considering purchasing a property that is defined as all of one lot and all but 10 feet of another lot. I researched the deed at lunch today. Will I be able to sell these as two separate lots in the future? Currently, the lot has two houses on it whose rental income will cover the PITI and maintenance, however, one of the houses extends accross to the other lot. Eventually, I will want to remodel, split and sell. Do you see any legal problems with this?
Posted by ray@lcorn on January 14, 2003 at 20:51:34:
Kevin,
You’re mixing two types of legal descriptions. The deed description defines the property held by that particular title holder. That can be multiple platted lots.
If the legal plat shows two lots, then it is already two lots and could be sold as such. However an encroachment of the one house “extending” to the other lot presents a problem. That’s a defect of title on both lots. That will likely have to be corrected before you could sell the property as two properties if either buyer required a clean title report and title insurance.
The cleanest way to cure the problem is to check with the planning department and see if the property can be resubdivided within the requirements of the subdivision and zoning ordinances. I have had this situation and had the existing lot line vacated and the new lots created all administratively, meaning no planning commission review or public hearing, nor either with the governing body.
A zoning variance can only insure the usability of the property. It doesn’t clear title of the encroachment in the event the properties are sold separately. You may need a variance if the new lots and house would not meet the setback requirements of the zoning ordinance. Coupled with the new lot line, the variance would finish things off cleanly.
An easement is granted by a property owner for use by another party. That could solve the problem if the resubdivision is not possible due to zoning restrictions. You’ll have to check with the title company to see what they will require to make the title insurable. Assuming they will agree, then either the present owner can create the easement between the lots and convey title to you, or you could go ahead and buy the property and convey the easement to the other lot when the time comes.
The key for any of these options is to know before you close what the requirements will be.
The size of the lot(s) and the local building/zoning regs will determine this. There are usually rules for size of front/side/back yards and how close a house sits to the property line.
You may need a variance or easement, in which case I STRONGLY advise that you secure this BEFORE you buy or make closing contingent on this being done…assuming you don’t want the property otherwise. Good luck…oh, you may be interested in the answers to my question below yours here
Posted by David Krulac on January 15, 2003 at 16:21:29:
adjoining parcels in the identical ownership name can be joined together by assessment office. Sometimes they may be “non-conforming” parcels, sometimes not.
Jay, thanks for the information. Should I check with a local Real Estate Attorney (for local building/zoning regs --minimum lot size) or can I get this information at the court house myself?
Posted by ray@lcorn on January 15, 2003 at 16:43:30:
David,
I’ve got several parcels that are conjoined for assessment purposes (i.e. valuation & tax tickets), but to my knowledge that doesn’t change the title or zoning issues. Encroachments and setbacks are determined by platted boundaries. The fact the parcels are taxed together doesn’t constitute a removal of the boundaries.
Posted by ray@lcorn on January 15, 2003 at 16:59:37:
Kevin,
Go straight to the source. Too many attorneys shoot from the hip (present company excepted!) when it comes to land use issues. Bottom line, the decision will be made by the zoning administrator or someone in an equal position, not an attorney. You need to know what their initial position will be. If you don’t like the interpretation, then is the time to talk to an attorney. You should however make your RE attorney aware of the problem so he can be working on the options to clear title.
Besides that, if you’re going to be involved in real estate you will find it advantageous to know the rules governing land use in any jurisdiction where you do business (and the rules differ from one town, city or county to another). Get to know the folks in the planning office… they are sitting on more free information regarding real estate than any other place in town. Be sure to smile and be polite. That always throws them off guard, because most of the people that come in are there to complain.
Sleeping opportunities abound when you do something that ninety percent of the investors (and 99% of agents and brokers) out there are too lazy to do… read the code.
Re: In some jurisdictions… - Posted by David Krulac
Posted by David Krulac on January 16, 2003 at 19:28:46:
you are of course right. when the assessment office unilaterally jons two tracts, the title and zoning are unaffected by that action.
But setbacks for example could be affected if the larger newly cojoined tract now may permit a larger bulding etc.
what I was trying to indicate is that sometimes tracts are joined not by the owner, maybe without the owners permission, or knowledge. And in many areas to seperate the the formerly seperate tracts could require a subdivision plan.
