Legal Question in Real Estate Law in Maine

Property developments rights

I own a piece of undeveloped property that is permitted to have at least one dwelling unit (possibly two). The local municipality is considering a change to the zoning which may mean that my lot will not meet the standards for one dwelling unit.

I'm not in a position to build now. If the zoning is changed, am I still entitled to at least one dwelling unit?


Asked on 8/08/07, 7:39 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Property developments rights

Although it is possible that your situation could be "grandfathered" from the zoing change, I would not count on it. Depending upon the change, it is very likely that you could lose the building right. Without knowing more of the issues, I can only suggest at this point that you consider seeking a building permit now, (and build before it expires which could be up to 2 years) or discussing the grandfather issue with the Town Code Enforcement or Selectman to be better informed about your rights.

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Answered on 8/08/07, 9:54 am


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