Legal Question in Real Estate Law in New York
Two homes on one deed
I am the owner of two houses.....they are on separate lots, independent of each other, but the deed lists them as one property.....taxes are paid as one property......i would like to sell one of these houses.....am i able to, being they are on one deed, and if so, what are the steps I must take to do this.....Thank you for your time......
2 Answers from Attorneys
Re: Two homes on one deed
There are several questions. How did the property get listed in a single Deed? Was there a consolidation from 2 separate transfers to the same owner, and then a change to a single lot for tax purposes? Did the owner of the master lot build 2 houses on it? Did the current owner buy it with 2 houses? It sounds like an application for subdivision may be required. Are both lots standard, or will the subdivision result in a substandard lot? This may require a Planning Board application for the subdivision, plus an application for a zoning variance if one lot will be substandard to the required zone size. I suggest consulting a local attorney familiar with these issues; preferably one that has appeared before the Board regularly.
Re: Two homes on one deed
In the City, the tax map parcels must be split. Also, there are zoning issues that some into play, in order to create 2 out of one, even though that is the way things presently exist.
You will most likely need a laywer and issues will arise before the local Communtiy Board.
Of course, all of this is dependant on the current deed and the tax map and other things that may, or may not, exist.
Feel free to contact me at 212-764-5428.
Good Luck