Legal Question in Real Estate Law in California

Is it possible to sell half of a duplex, lot is zoned for 3 structures and currently 2 structures exist. would like to sell either one, is that possible in california


Asked on 1/05/10, 11:04 am

2 Answers from Attorneys

You can only sell a parcel of land. The structures are mere-apurtenances. So unless you're going to get a house mover to take it someplace else you cannot sell the structures separately. With that said, however, it is possible to create separate parcels and then sell them separately. If it is a true duplex - one structure with two living units, you would have to convert the property into a two-unit condominium. If there are two separate structures on one parcel, you might be able to do a minor subdivision and create two lots. The last thing you can do is sell the entire parcel to yourself and the buyer as tenants in common with an agreement for exclusive occupancy of specific portions of the property. This is commonly done in cities where condominium conversions are on hold to retain rental stock, to "end run" the condo conversion moritorium. None of these options is going to be able to be accomplished without consulting a knowledgeable real estate attorney, however.

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Answered on 1/10/10, 11:21 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This would appear to be a subdivision.......dividing a single parcel into two (or more) legal parcels ....... and would require compliance with the Subdivision Map Act. The practicality of doing a subdivision depends not only on the Act's requirements, but also the attitude of local planning and zoning authorities, current zoning and land-use planning in place, etc. You will need local advice and probably will need to retain a local real-estate lawyer, do a survey, etc.

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Answered on 1/13/10, 2:32 pm


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