Legal Question in Real Estate Law in California
Is it possible to sub-divide a 1.87 acre parcel?
My husband and I are trying to buy/build a home in the area. My mother owns 1.87 acres just outside of the city limits in Santa Rosa. She wants to give us the back half of her property to build on. We would like to own any property that we build on, and want to know if the lot can be subdivided, so that we leagally won it and can therefore get a construction loan? We were told that to put a second dwelling on the property, it had to be a minimum of 2 acres, and that we might need to ask a neighbor for a lot line adjustment. Is it possible to subdivide the property into two lots, and if so, what happens to her existing mortgage? Thank you!
2 Answers from Attorneys
Re: Is it possible to sub-divide a 1.87 acre parcel?
If the zoning in the area requires minimum 2 acre
lots and if smaller lots are not entirely prohibited by
the zoning ordinance then it may be possible for you to
apply for a variance permitting you to build on a
smaller lot. If that were permitted, then you ought
to be able to divide the property into two parcels.
Whether your mother's lender would be willing to
release its lien on one of the parcels is entirely
up to that lender; you might have to pay something
to induce that lender to release one of the lots.
You should consult with a local attorney.
Re: Is it possible to sub-divide a 1.87 acre parcel?
I practice general business law in Santa Rosa and have handled several similar real-estate issues, including some involving my own real estate.
First, you really should own any real estate you build on; otherwise your construction is likely to become a donation to the owner. There are ways to address the ownership problem, such as co-ownership (tenancy in common, etc.) but these often create problems of their own.
Second, placing a second home on the parcel may involve regulations in addition to merely meeting the two-acre requirement. You are probably in a septic (rather than a sewer) area, and you may need a perc test. There will be limitations on the size and placement of the second home on the lot.
Getting a construction loan will require the participation of all co-owners.
It is probably not possible to divide the lot if it is already smaller than the minimum buildable lot size.
As a general rule, lenders will usually allow lot splits because a legally subdivided parcel is better collateral than an undivided parcel. However, you cannot get subdivision approval without the full, active participation of all interested parties including the lenders of record. Of course, on this parcel, you probably can't get a subdivision at all.
If this project is still under active consideration, you may call me for a free initial consultation.
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