Legal Question in Real Estate Law in New York
Separate 2 buildings on 1 parcel
We own a 1/2 acre property in a small city. There's a house & an accessory building on the property with a shared driveway for the 2 buildings. We want to sell the 2 buildings separately- the house as a residential building and the accessory building as a commercial bldg. The zoning is for mixed use so both uses are OK. How can we partition our property. Owned by husband & wife.
2 Answers from Attorneys
Re: Separate 2 buildings on 1 parcel
You will need to file a sub-dividion of the property. Consult a surveyor and a local real estate attorney.
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
Re: Separate 2 buildings on 1 parcel
Partition must be done through your local zoning and/or planning board. You do not need legal action inasmuch as you own both parcels.
You will probably need a survey for each parcel and each parcel must meet the local zoning requirmenet. The best place to begin with is your local planning board.
Feel free to contact me with any furthus inquiries.
Good Luck
RRG
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