How to split a large parcel into 2 seperate parcels?

Question

I have been putting together a deal that has a huge lot with 2 houses on it. Im trying to determine if I should buy and hold both properties or consider splitting the parcel and doing a fix and flip on both. This is not 2 lots but rather a very large single lot with only 1 tax ID. My question is where do I go to get the information I need: Legality, zoning, procedure?

I want to fully understand the legality of this purposed idea as well as the experts needed to make it happen. Any advice is truly appreciated!

Ben Bagnall · Answer

I would recommend that you first take a look at the town's zoning maps and bylaws to determine the zoning district in which your lot is located and the minimum lot size requirements for that zoning district as it relates to square footage, frontage, setbacks, etc.  That should give you a general sense of whether your lot can be split in such a way that the two new lots will meet the minimum conforming standards.  If they don't, you could still pursue the split through a variance but you'll want some informed opinions on the probability for success from the town and from local attorneys that have presented zoning variances before the town's board of appeals.

After you do this initial research, I would call the town and speak with the zoning board or planning board and run through what you want to do, what your take is on how it applies to the zoning requirements and get their initial reaction on how achievable it is and any considerations you might not have taken into account.  Seek their input on whether this request would require a variance or if the lots can be split by right.  Whichever path they direct you down, ask them for guidance on the process - i.e. how to submit your request, the required paperwork and field work (e.g. survey and plot plan), how often and when the committee meets to hear such requests, etc.  Finally, ask them for references on attorneys that the zoning board is familiar with - each town is different and consulting an attorney who is familiar with your town's process is critical.

If you still think your plan to divide the lots is viable, I'd give a call to a few of the attorneys.  Get their take on it and ask about any similar proposals they have presented.  Also find out what their fee structure is and what information and actions you are responsible for providing vs. what they will handle themselves.

Jonathon Ginanni · Answer

Ben,

Thank you so much for your thorough and thoughtful remarks. I will most definitely keep this information in the forefront of my mind as I proceed. The town is very small and there are limited online records available. Therefore, I will make a field trip to the zoning office and see how they respond to my inquiry. All my best to you.