Thread: Separate Deeds?

You may be able to bifurcate the property by subdivision. Check with your local zoning commission. They are usually helpful if you organize your thoughts prior to paying them a visit. In fact, most municipalities have their zoning regulation and subdivision procedures listed on line along with the appropriate request forms.

Well, the lot is too small to divide the two buildings into two deeds, according to our local zoning laws. It's why I'm thinking about condo conversion.

I have no experience with this, but I think it's just paperwork and has nothing to do with carpentry or remodeling them to fit the status of being called "condos".

In total, there are three units, which with a proper association set up for the over all property expenses, could be considered as condos. Also, in the future, I would have the option to either sell the units individually or to sell the property as a whole.

Unless I'm mistaken, the association fee could include, not only the insurance, but also the property taxes, water & sewer, parking, lawn maintenance, etc.

Was the zoning ordinance issued after the buildings were constructed? If so you may be able to get a varience. You may be able to do so even if this isn't the case.

Yes, the single-family was built circa 1850 and the duplex was built circa 1900. The zoning laws have changed since then. Is a variance like a waiver of some kind? If I split the lot, the single-family house itself will occupy about 95% of it's apportioned lot space. The duplex itself would only occupy about 70% of it's apportioned lot space. That is, unless I could get the town to divide the lot in a very weird pattern to evenly distribute the surrounding yard. Then easements could be written in I guess.

I will look into what you said about getting a variance. Thanks TomAnto.

You have a good case for a variance. Yes they are a waiver of sorts. I have a feeling that many of the homes in your immediate neighborhood have been granted similar variances. That information is part of the public record and you are entitled to the data as a matter of right. Once you can prove that other properties were divided in a matter similar to how you propose to split yours you have a solid case of your own.

When you partition the property be sure to grant the proper easements to access the rear building (or side as it may be) in writing. This includes access for traffic and utilities. Those easements need to be in writing in the legal property descriptions for both properties when you record them. Try to make the apportionment as logically as possible just to make things with the local municpal board smooth.

Good luck,

Tom

Tom, I just printed your message, hope it's okay. I will take it home and read it again.

You're right, as you said before this will help me to "organize my thoughts before I pay them a visit". I went to them before and they gave me a couple of views of how my property is zoned. Being a corner lot, a big part of what seems to be my lot is town property and sidewalks. There is already another easement to the left of the single-family house. I basically use the neighbor's lot to park my car.

This is good info, thanks Tom!

I don't mind if you print it out. This may even inspire an article for my blog.

Now, you know that I do need to say that this is not legal advice. There are attorneys that focus their area of practice in zoning law and if you need legal help those are the attorneys you should seek out. Also, this discussion will not apply in every situation nor are all facts present to do a complete analysis by a licensed attorney, of which I am not by the way.


Any way good luck, glad this discussion helps you get started.

Aw, too late TomAnto. I got caught by the law, trying to doctor my deed and ended up workin' on the chain gang down in Mississippi for five years because I thought this was licensed legal advice I was receiving. I just got out. I'm really buffed out and with tattoos now and man I have an axe to grind.
My disclaimer: The above statement was written by a certified schitzophrenic.


Thanks Tom, in all seriousness, I'm not looking for free legal advice. I'm more of a philosopher myself and like to ponder the many possibilities in life. I don't take what anyone says as the last word on any subject. Our chat helped, like you said, to organize my thoughts on the issue.

That made me laugh! Thanks and good luck!