Legal Question in Real Estate Law in California
How can I split residential acreage with existing 3 houses
I currenlty have a rural property in San Joaquin County that has 3 houses on 3 acres. The main house is a historic home (not registered) with a care taker cottage and we added a 1500 sq foot new manufactured on a permenant foundation with permits. We want to split off the manufactured with 1 acre. It already has seperate power, septic, driveway, city water and electric. It is complelety self contained. We are zoned R/R. Community zoned Rural UN. We put it on for my mother. I also have two loans, a 1st and 2nd, with two different lenders. How difficult is it to split? How costly? Where do I start?
1 Answer from Attorneys
Re: How can I split residential acreage with existing 3 houses
I suppose R/R is "rural residential," but there is no doubt more to it than that. In addition to zoning tags like "RR" that show the character of use that is permissible, most cities or counties will have additional codes in the complete zoning designation. Chief among these is a number to indicate the minimum acreage or square footage per residential lot. There may be other zoning or planning codes as well.
The easiest and cheapest way to get started is with a little legwork of your own. Get a copy of the zoning map applicable to your area, and also the printed zoning ordinance that describes what the map shows but doesn't really explain.
After becoming pretty familiar with all the zoning and planning codes shown for yoyr parcel, then ask someone at the planning and permits office to explain the practical remifications for your proposed lot split. It may take several calls or visits to find the right department and person. The administrative setup varies from county to county or city to city if you are within city limits.
The number of homes already there may not be indicative of ability to do a lot split, because in some rural areas there has been a tradition of allowing additional homes on parcels to accommodate farm workers, even though it exceeds the density that could be achieved with subdivision.
The controlling statewide law is called the Subdivision Map Act. While you are at the county offices, you might ask the librarian of the Law Library to let you look at the CEB's manual, "Practice Under the Subdivision Map Act." San Joaquin County seems to have two law libraries, one at 20 N. Sutter St. and one on the 4th floor of the Courthouse at 222 E. Weber Ave.