When buying, selling, or developing land, proving your lot legality is essential. Whether you’re purchasing an undeveloped lot, planning to build a new home, or subdividing property, verifying that the land is legal for use and development can save you from significant legal and financial consequences. Here, we’ll walk you through how to prove lot legality and why it’s important for both buyers and landowners.
What Does Lot Legality Mean?
Lot legality refers to the confirmation that a parcel of land complies with local zoning ordinances, subdivision laws, and land-use regulations. A legal lot is one that has been created in compliance with local land use regulations and has been officially recognized by the county or municipal planning authority. In contrast, an illegal lot may have been created without proper subdivision approvals, making it ineligible for permits or sale.
Why Is Lot Legality Important?
Lot legality is key to ensuring that you can:
- Build a home or structure on the land
- Secure financing or insurance for the property
- Transfer ownership through sale
- Avoid penalties or issues with local authorities
If a lot is deemed illegal, you could face zoning restrictions, hefty fines, or even legal action. Banks and lenders may also refuse financing for illegal lots.
Steps to Prove Lot Legality
1. Review the Lot’s History
The first step is to research the history of the lot. This involves contacting your local planning department, recorder’s office, or county assessor to request information on the lot’s creation date, past subdivisions, and zoning designations.
2. Check Recorded Documents
Request a copy of the deed or plat map from the county recorder’s office. Recorded documents such as subdivision maps, parcel maps, and Certificates of Compliance can confirm the lot’s legality.
3. Verify Zoning Compliance
Each city, county, or municipality has its own zoning and land-use regulations. These regulations dictate the type of structures that can be built, the minimum lot size, and set-back requirements. If the zoning has changed since the lot’s creation, you’ll need to determine whether the lot still qualifies as buildable or if you’ll need a zoning variance.
4. Obtain a Certificate of Compliance
If the lot’s legal status is unclear, you may need to apply for a Review for Determination from the local planning authority. If approved, this document serves as proof that the lot was created in accordance with subdivision laws at the time and is legal for development.
5. Conduct a Boundary Survey
A survey can confirm whether the lot conforms to local regulations regarding size, shape, and access. A licensed surveyor can help you verify the exact boundaries and legal description of the lot. If there are discrepancies, the surveyor can help with boundary adjustments or resolving encroachment issues, ensuring that the lot is fully compliant with legal requirements.
6. Check for Easements or Restrictions
Easements or restrictive covenants on the property can affect the legality of the lot. Easements grant access to utilities or neighboring properties, while restrictive covenants can limit the type of development allowed. Review these documents carefully to ensure they don’t hinder your plans for the lot.
7. Seek Advice
If you’re unsure about the lot’s legal status or if any issues arise during the verification process, consider contacting a land use consultant such as Richard Stevens & Associates. Their team of experts can help you navigate complex regulations and ensure all the necessary steps are taken to prove the lot’s legality.
Special Cases to Consider
1. Non-Conforming Lots: Sometimes, lots that no longer meet current zoning regulations can still be considered legal if they were compliant at the time of their creation. These are called “non-conforming lots” and may require special approval for development.
2. Illegal Lots: If the lot was created without going through the proper channels, it may be deemed illegal. In some cases, a lot line adjustment or re-subdivision may be necessary to make the lot legal, but this can be a long and costly process.
3. Lot Mergers: In some regions, adjacent lots that were once separate may have been merged without the owner’s knowledge due to local regulations. If you own multiple lots, it’s important to verify their individual status and whether they can be sold or developed separately.
Rely on Richard Stevens & Associates
Whether you’re purchasing a lot for future development or verifying the status of your own property, taking the time to prove lot legality will save you time, money, and stress down the road. If you’re unsure about any part of the process, don’t hesitate to consult our team at Richard Stevens & Associates. As your local land use planning experts, we have the experience and the resources needed for even the toughest of lot legality reviews. Contact us today to get started.
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