Combining Two Lots of Property into One

[gwlaw99]

My question involves real estate located in the State of: Maryland.

My neighbor is offering to buy a 7.5 x 40 foot strip of land between our backyards from me. For arguments sake. Assume it is a separate lot not part of my main residential lot. Like the strip of land, her entire property is 40 feet wide. Current standards require all newly platted residential lots to be 60 feet wide. We are negotiation the value of the land. My argument is that the land adds 7.5 feet to her rear setback and thus adds 7.5 feet of buildable space to the rear of her house.

Her argument is that in order for the new property to add to her setbacks, she would have to "replat" the old property and the new property into a single lot. Because the width of both the new and additional property is 40 feet and not 60, she is arguing that the county will not allow her to replat since both pieces do not meet the current width standards. Therefore, she argues, it does not increase her setback and it is worth less.

Does this argument sound right to you. Any lawyers know the answer?

[LandSurveyor]

Does this argument sound right to you. Any lawyers know the answer?

It's not a question for a lawyer. It's a question for an appraiser. You need a local one who understands your zoning and replatting requirements to get an answer.

The contemplated transfer may be theoretically possible under the common law but might be prohibited by your zoning or recording requirements which we don't know here.

As a surveyor I can tell you that just the survey for replatting and the resulting paperwork will likely run into several thousands of dollars.