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My county is considering a rezoning plan that will make our property nonconforming with the new zoning laws. Essentially the county is going to create 15,000 nonconforming properties IF they pass this new zoning ordinance.
About the properties: property A includes our house and land (let's say it's 10 acres) in a plotted subdivision. Property B is the adjacent buildable lot in the plotted subdivision and also 10 acres for example purposes. The new zoning ordinance will require a minimum of 15 acres in the proposed zone. Because our property is not 15 acres, we will be considered nonconforming in the future.
I am concerned that this new zoning ordinance will create difficulty in selling in the future. Will any future buyer be able to secure title insurance since the property will be nonconforming? Will a future buyer be able to secure a loan on a nonconforming property?
Thoughts? And yes, the property was conforming when we built the house and purchased the properties. It is still conforming as of today. They've not mentioned "grandfathering" in any discussions, and I don't think they will do that.
I would think there shouldn't be an issue as the property should be grandfathered in. You can't add land to something that is already there and it was built to the standards of that time.
Title Insurance has nothing to do with the type of land use attached to the property. It is about the title and any defects to the title. Zoning, conforming and non-conforming development conditions, salability, and anything related to the property use is not covered by title insurance. Look at it this way, title insurance makes sure that the title is clean and clear. It provides that in the event something pops up on the TITLE, the insurance steps in to make you whole.
Thanks for the comments. In this particular case I suspect the county will not grandfather the empty lot in terms of new regulations regarding setbacks. They will have to accept the size of the property. The county in this case is essentially trying to use some very restrictive zoning ordinances to prevent growth.
With the house, obviously they cannot force people to move it.
My primary concern is a buyer getting a mortgage at some future point on the house or the lot. Some things I've read online indicate it will be very difficult to do so in this situation.
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