Legal Question in Real Estate Law in California

Land

My Daughter wants to sale me a piece of land that is part of her land. The land is zoned for 10 acre parcels so she can't sale it to me. How can I protect myself if I pay her for this land if something was to happen and she sales her place and the rest of the land. So my Acre is not included. Also I want to build a stick house and if it is considered an inlaw house I can't.


Asked on 3/08/07, 4:08 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Re: Land

I wouldn't build a stick house. The big bad wolf could huff and puff and blow it down.

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Answered on 3/20/07, 1:32 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Land

It is illegal to transfer title to a portion of a lot or parcel that isn't lawfully subdivided. If your daughter owns a legal ten-acre parcel, she cannot effectively sell you one acre of it unless and until a subdivision of the ten-acre parcel has been approved.

Further, no one can build a house on the ten-acre piece without first obtaining a building permit. (There are exemptions for owner-occupied structures in the rural parts of some counties). Getting a building permit will require showing that the type and number of structures on the property will not exceed the maximum allowable under the applicable zoning.

If you want to buy a part interest in your daughter's land without obtaining a lot split under the Subdivision Map Act, there is one possibility, which I don't recommend. She could sell you, say, a 10% interest in the entire parcel as a tenant in common. She would have a 90% interest in the whole ten acres and you would have a 10% interest in the whole ten acres. No approvals are required.....but neither of you would have exclusive rights to any part of the land, and unwinding deals of this sort later on is sometimes difficult and expensive.

You should see a local real estate lawyer to get further ideas about how to accomplish your goals.

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Answered on 3/08/07, 4:45 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Land

I have a solution for you. You can take title as TIC or Joint Tenant. Give me a call, matters of this nature should be done through an attorney. Thanks,

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Answered on 3/08/07, 5:31 pm


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