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  1. #1
    Join Date
    May 2005
    Posts
    2

    Default Can We Sell One of Our Lots

    Our house sits on a parcel that is made up of 4 lots on the subdivision map. The legal description reads: Lot 34, 35, 36 and 37 of Grossmont Park, Map 323, County of San Diego, State of California.

    Our house is located on lot 34 and 35 and observes the required zoning setbacks, etc. Can we sell lot 36 and 37? These lots have frontage on another street and so have access, utilities available, etc. The local zoning ordinance states that a lot is a legal building site if it is shown on an approved subdivision map so this is not an issue.

    This is more of a title question. How do we transfer ownership? And is this transfer insurable from a title insurance perspective? (And therefore financable.)

    Thanks for your help.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Selling Part of a Parcel

    I take it, then, that you have a single deed covering all four lots?

    You will have to check to see whether the lots are adequately sized for division and sale under present zoning and land use laws and regulations. If so, it should be possible to divide the land.

    In order to make sure that the land is properly deeded (and to have recourse in the event of a mistake), I suggest you work with a local real estate lawyer.

  3. #3
    Join Date
    May 2005
    Posts
    2

    Default

    Thanks for your reply.

    Yes, one deed but the lots are already subdivided by an approved subdivision map done in the 1920's. They were just deeded on one deed and according to the county's definition of "legal lot" they are legal lots and a building permit can be obtained to build a house on them. The county zoning ordinance defines a legal lot as one that is shown on an approved subdivision map (among other ways).

    So my question is how do we convey title when we sell and is this an insurable and therefore financable transfer?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Dividing Deeded Land

    You will have to check to be sure that the division accords with current land use and zoning laws and regulations. You will benefit from consulting a real estate lawyer about whether division is permitted, and for assistance in drafting the required legal instruments.

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