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Updated about 5 years ago on . Most recent reply

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Nat C.
  • Investor
  • Miami, FL
474
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807
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Legal separation of properties

Nat C.
  • Investor
  • Miami, FL
Posted

Can anyone please help me with guidance?

I need to know the process of legally separating 2 structures which are on the same parcel with the city.

Strangely I have 2 properties which this applies to right now.

One in Miami which I want to sell and I’ve been told it was not properly separated with the city when I bought it. Apparently it’s still on the same parcel as the other front building, although I only bought the rear building. I thought having title insurance and paying high lawyers fees offered some protection but apparently not!

The second one is a property I own in Daytona where there is a commercial building on the main road and a house on the back street. It would be far more profitable if I could separate the two to sell them individually.

Any guidance would be sincerely appreciated.

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,509
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

It’s odd that you could get title insurance on a part of a non divided property. I’m guessing there was some some of specific Exclusion in the B section of Excludions. 
But for the mechanics, a “front and rear” property I’d much more difficult to divide than side by side. There had to be a proper road frontage easement/agreement, there has to be room for the easement and each parcel would need to meet zoning for building setbacks, minimum sf lot sizes, etc. 

Getting a front/rear parcel divided will likely not be possible  

Your first step is go to the building and zoning drop and speak with someone to find out if it is even possible, and the steps/requirements to do it. 
I did a very simple one in WPB and it was about $4k with county fees, special survey/plat creation, etc. 

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