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All Forum Posts by: Christopher Wills

Christopher Wills has started 1 posts and replied 2 times.

Okay, Legal response has been provided to my questions and it may help someone else in the future.  Keep in mind this is Washington specific. 

"The only viable approach I see is to convey an undivided interest with a tenants in common agreement to partition the property among the owners once the land division has been approved."

If we tried the original approach it would constitute illegally subdividing and thus subject is to crimal liability....yes jail time.  

There you have it, one legal opinion.

Try To make this short, looking for opinions. We purchased an 80 acre parcel and divided into 10's. There is a 2800 sqft home and an 1150 sqft ADU on one of the newly created parcels. We are doing a petition to rezone which is likely to be approved (no need to bantor your thoughts on approvals we know they miszoned it based on city water being available). The current zoning is 5 acre minimum, we will have 2 acres once approved.


The question is what is your gut reaction when you hear that we are planning to market the home prior to division approval (it will take 1 plus year) with a requirement that the buyer is required to reconvey a portion of their land once approved.   Essentially the home will be adjusted to sit on a 5 acre parcel for selling, we then will condition any sale to include a requirement to reconvey 2.7 acres back to us and they will own 2.3 acres with both structures.


As a bonus on this we plan to offer owner financing at slightly lower interest rates to provide an easier path to a partial release when the time comes. The buyer would then need to obtain financing. 


Open to thoughts on this.