Assessment and zoning of 3-family shows as 2-family

**anelim** · 09-24-2010, 02:12 PM

The assessment data online (Patriot Properties which stores multiple towns' data) shows a property as a 3-family but the town zoning and building insist it is a 2-family. How to deal with this? Do I need a lawyer. Realtor presented it as a 3-family and mortgage is for a 3-family. So confusing...

**Larry The Expert** · 09-24-2010, 10:10 PM

Yes, you should check with the titlle lawyer who closed the transaction to find out if the title insurance might protect your investment. Then ask for his/her advice on how to next proceed. You might learn that it's possible to get a chunk of money back from the sellers and brokers if the evidence shows that they purposely misrepresented the property.

FYI, a broker should confirm zoning before placing a multi-family property on the market.

**agentsranking** · 09-25-2010, 02:08 PM

It's not uncommon for the current use of a property to conflict with current zoning. An area might be zoned for single family residential but contain a three or four unit building. Many times the city grandfathers in property because it was there when an area was zoned to allow the building, but the city later decided they wanted to change the zoning in an area. They will allow you to maintain the building but if it burns down or is destroyed, the building that replaces it must meet current zoning requirements.

**Greg** · 09-25-2010, 02:12 PM

The tax assessment data everywhere is known for it's inaccuracies. In fact, if you look hard enough you will find a disclosure warning you not to use the data like you are.

The personnel in zoning and building are usually on the ball and know what they are talking about but in your case you need to verify.

Get a copy of the official zoning map and see for yourself what the property is zoned. If the zoning is not what you expected then try to get a copy of the previous zoning map and see if it was zoned 3 family in the past. If it was then you are probably grandfathered in and can keep the 3 family residence that was constructed before the zoning was changed. If the zoning has changed and you need to rebuild you will have to follow the new zoning restrictions.