My client owns 1.51 acres on both sides of a 30' prescriptive easement, state maintained road. This includes the road area. Her adjoiner has agreed to sell her enough land to make her parcel 2.00 acres,the minumum area needed for a second mobile home on the parcel.
I have not contacted the adjoiner about this, but should I create her new parcel with enough acreage to cover a possible future right of way take making the road a 40' r/w? If I don't, the lot will not be in compliance with county regulations.
I think that would be a great idea. It's probably not a big difference, depending on the shape of the property, and would make sense to me. Just be clear to both parties what and why you are proposing it. I'd hate to have them come back later and claim that they didn't understand what you were doing. Intent is king.
If the purpose of the conveyance is to meet minimum size requirements, I would advise them of that fact and let them make the decision. Document everything.
> My client owns 1.51 acres on both sides of a 30' prescriptive easement, state maintained road. This includes the road area. Her adjoiner has agreed to sell her enough land to make her parcel 2.00 acres,the minumum area needed for a second mobile home on the parcel.
> I have not contacted the adjoiner about this, but should I create her new parcel with enough acreage to cover a possible future right of way take making the road a 40' r/w? If I don't, the lot will not be in compliance with county regulations.
I hear you loud and clear. Down this way in VA the parcels may already be looked at as already being severed. If the adjoiner will allow it, you may look at making the parcel on which the mobile home will reside 2.0 acres - after the prospective road widening. Will this go through some sort of review? You might go ahead and dedicate a full 40' strip to the county (The recordation of the plat acting as a sort of quit claim deed).
Just some points to ponder.
Carl
> Will this go through some sort of review? You might go ahead and dedicate a full 40' strip to the county (The recordation of the plat acting as a sort of quit claim deed).
That's the way it would work way up here in the People's Republic of Maryland. The property would have to go through the abbreviated "addition plat" subdivision process and the right of way would be dedicated to meet the proposed future width per either the state or county's highway needs plan.
> > Will this go through some sort of review? You might go ahead and dedicate a full 40' strip to the county (The recordation of the plat acting as a sort of quit claim deed).
>
> That's the way it would work way up here in the People's Republic of Maryland. The property would have to go through the abbreviated "addition plat" subdivision process and the right of way would be dedicated to meet the proposed future width per either the state or county's highway needs plan.
I think he's a very rural county and it would be up the particular county to decide what's needed. They may not even have a part of their code that deals with boundary line revisions yet. But the 2ac part makes me think they have at least something in place.
Yes it's rural, the codes are very vague and it seems every situation is handled differently. There will be a review but they will require no dedication.
I believe what was indicated was, "I will sell you enough ground to make your acreage total two acres so you can meet the minimum standards", enabling you to place that Mobil Home on your property, resulting in two residences on the same tract. I would not push it any further because it might terminate the whole deal. Any concerns about a wider road being needed some day causing the tract to become non-compliant should be put to rest because it appears that a public road does nothing to effect fee title and a public road area is not removed from the total area held in fee for zoning purposes. Even if the accepted practice of not removing underlying roadway areas from the total area determination is changed, the homes would be protected with a Grandfather Clause. If the road was owned in fee, a different pot of soup.
jud
> Yes it's rural, the codes are very vague and it seems every situation is handled differently. There will be a review but they will require no dedication.
I understand that there will be no requirement for dedication, but the offer to the county may make it easier in the future. That would let you make sure that the lot has 2 ac. on a 40' r/w and everything is hunky-dory. This, of course, is all contingent upon the adjoiner agreeing to the additional acreage. Is it family or just someone that has more than enough to let someone else have an "up to code" lot?
No it's not family. Which may be a good thing! As I said, I have not spoken to the adjoiner selling the land, but my client said they will sell "only enough to get 2 acres total". I don't think they will give up enough for 2 acres on one side of the road. It's one of those questions: "How much time do I spend on a job before I commit to it"? My courthouse research told me this was probably a prescriptive easement. I should have contacted the adjoiner with these questions before setting foot in the field. Live and learn.