2 lots on one deed--splitting into 2 deeds (tenant, duplexes, appraiser, investment)
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This may be a dumb question, but how could I separate 2 legal lots on one deed into two deeds? I have a drafted deed to use for single lot sales, but would like to convey the 2 lots on this one deed to different people.
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
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All that's required is a description of the property to be conveyed. If your current deed says something like "Lots A and B as described in a survey........." you would convey your interest in lot B by describing it "Lot B as described in a survey........."
Any title company title officer would be happy to help you with the exact language.
Ask at your Court House in the Land Records department. Typically you might have to file for a subdivision of the lots (if they would both be buildable after the split) at the cost of a few hundred dollars. You would then have two buildable lots.
A Deed is merely the written instrument used to convey an interest in real property. A description of the property being conveyed is written in the Deed. If you have two legally established lots or parcels, they can be conveyed to a Grantee together in one Deed or they could be conveyed in two Deeds. Provided that there are no local governmental or appurtenant restrictions preventing splitting of the two lots, they can be sold separately and conveyed with separate Deeds. A title company or attorney could assist in preparation of the Deeds.
Also, if they are already two legally established lots, you would generally NOT need to file for a subdivision of the lots unless there were some local governmental restrictions which applied.
Last edited by jackmichigan; 10-09-2012 at 03:34 PM..
This may be a dumb question, but how could I separate 2 legal lots on one deed into two deeds? I have a drafted deed to use for single lot sales, but would like to convey the 2 lots on this one deed to different people.
The lots were combined on one deed for a reason, and could now legally be "contiguous". A certified appraiser should be your first step for information to determine if the lots are, in fact, separable and to advise you of your options. If you can legally divde the one large lot into two and sell each lot separately, you will need a real estate title attorney to handle the entire matter.
The lots were combined on one deed for a reason, and could now legally be "contiguous". A certified appraiser should be your first step for information to determine if the lots are, in fact, separable and to advise you of your options. If you can legally divde the one large lot into two and sell each lot separately, you will need a real estate title attorney to handle the entire matter.
Yes, the lots were likely combined on one deed for a reason: for convenience. Oftentimes, lots so conveyed are "contiguous"--or, simply, next to each other. I'm not sure what legal significance the poster implies for "contiguous" parcels. I recently purchased two parcels and, for convenience, one deed was utilized to convey both parcels. The fact that they were listed on one deed has no bearing upon my ability to sell each parcel separately.
If the lots are already legally separate lots, they are separate. Regardless, I wouldn't think that an appraiser would be the most likely person from whom you would seek advice (unless you have a friend who happens to be an appraiser and you like to talk to him).
You don't necessarily need an attorney to draft a deed--or even do a lot split--but it is oftentimes recommended that you do so, especially if you are unfamiliar with real estate transactions.
Yes, the lots were likely combined on one deed for a reason: for convenience. Oftentimes, lots so conveyed are "contiguous"--or, simply, next to each other. I'm not sure what legal significance the poster implies for "contiguous" parcels. I recently purchased two parcels and, for convenience, one deed was utilized to convey both parcels. The fact that they were listed on one deed has no bearing upon my ability to sell each parcel separately.
If the lots are already legally separate lots, they are separate. Regardless, I wouldn't think that an appraiser would be the most likely person from whom you would seek advice (unless you have a friend who happens to be an appraiser and you like to talk to him).
You don't necessarily need an attorney to draft a deed--or even do a lot split--but it is oftentimes recommended that you do so, especially if you are unfamiliar with real estate transactions.
The legal significance is that they may have been joined together because they were deemed non-conforming; current zoning has to be determined as to whether or not the lots are separable and saleable. I have no appraiser friends; but these guys know their stuff and I have no dog in this hunt.
i have two sperate deeds in my dads name he put the two lots togeater for taxes i brought both lots put them in my name on one deed but i want ta split them back into two deeds
Don't expect to get the answer on that question on this thread. At this time, it is one property using the two lot description as a legal description for that one property. You need to find what you can do in your particular city/county.
Go down to the county courthouse, and ask them what you can and cannot do. You may be able to split them apart again, or you may not be able to split them, once they have been put into one property as you now have. It depends on the city/county as to the ability to split them back apart to two separate properties. I spent from 1972 till I finally retired, as an investment real estate broker. I have seen this type of situation many times, and it can go either way according to the city/county your are located in. As you are technically subdividing the property, no one on this forum will be able to advise you what to do. You have to go down to the county courthouse taking your deed with you, and find what you can do.
It can be as simple as writing two deeds, and deeding them to yourself (forms at any office supply) and filing them. It can be as complicated as having to apply for a subdivision split of the two lots, and it can be you are no longer able to split them apart due to current size regulations, etc.
Take your deed down to the county court house, and they will tell you what is needed in that city/county, and if you can do it, or if you cannot.
Any advice other than this on the forum is worthless. It is worthless as it is something we think and happen, or using local laws and regulations, but not what that particular city/county allows. The ones telling you to ask an attorney, think this is an answer. Truth is, you can get the advice FREE going down to the county court house, and they are the ones that control what you can do. I have found over the years, asking the people in control, that they like to be the experts and will show you what you can do, and what you cannot. I once went down to the city planning department and asked the city planner what chance I had to get a kind of triangular lot split into 6 lots as I drawn them out on a drafting table size piece of paper. He looked at and asked me why as another street dead ended at the wider section, did I not turn that corner into another lot, and have 8. He drew the changes, and told me that if I brought them an engineered partition, he could get it approved for me as that was the best use building duplexes on an already zoned multi family property. That one extra lot, made me a considerable profit when I sold it to a builder even before paying the engineer firm that drew me the legal descriptions for the property, or the surveyor that staked the property lines. In fact the builder paid them. I only put up a $1,000 personal note (the lot owner had asked me to buy it) and when the bills came due I had already sold it conditional he paid the bills. Asking the man in charge at the city hall, got me another lot FREE, and made a healthy profit for my effort.
My closing date had been set 90 days away to give me the chance to do what I did, and that $1,000 personal note was my only investment, along with about a total of 9 hours drawing my first subdivision plan myself, getting the city planner opinion who added a lot, seeing an engineer to start drawing the plans he got approved, talking to the surveyor, calling and laying it out to a builder, and going to a double closing just under 60 days later. My profit equaled about an average yearly income for working people at the time, and it was not a low income area.
I am only telling you this, as a way to show you how going to the proper authority and ask for their advice can get things done to your advantage and the advice is FREE. The nice thing when it comes up for approval, they will back you to get it approved if necessary, as if it is not approved it makes them look bad.
They like to show you how smart they are, and will advise you. Try to come in with a couple of deeds and tell them you are filling them and are subdividing that property without them, very often gets your idea kicked out to show you who is boss. Go in and ask them what you can do, and they will show you how to do it, with the least trouble and expense.
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