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Legalease
Legalease, Lawyer
Category: Real Estate Law
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Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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My mom has property in Sugar Grove, Ohio with an right of way!

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My mom has property in Sugar Grove, Ohio with an right of way! It is 179 acres and it is landlocked. She also has another property that is over 200 acres that use to touch this landlocked property on the corner. With the new gps maps it doesn't seem to touch within feet on the new maps. She has two houses on the landlocked property and the old log home has fell in, so we removed it and now she wants to re-builld a new one there. She is having problems with the building permit with her having two houses on one property and that it is landlocked. Can we use 150 feet of road frontage from the other property that use to touch it to get our road frontage and what can we do to get the building permit?
Help!!!!!!!
C. Woods

Hello there.

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There are a few things that must be done here to the property before the city/town will issue a building permit to do what you want -- and I strongly suggest using a real estate attorney to take care of these matters because you can be assured that it will be done correctly the first time. First, regarding the frontage from one property to the other -- so long as the local ordinances permit you to do this then you can grant an easement of the entire frontage area to the property that needs the frontage (and that way both properties will have the appropriate amount of frontage required by the statute/ordinance in order to make each a buildable lot). The second thing that needs to be done is that the property that you want to be used for two houses (and they have denied you because it is one address) -- you have to hire a land surveyor to draw up plans to subdivide the property into the two lots that you need in order to have two houses on the lots and to also show that you are either granting an easement of the frontage from one property to the other or you (your mom) will sign a deed containing the frontage land over to the other property so that the other property has the appropriate amount of frontage to meet the building code laws. It sounds to me like there is plenty of acres of land to work with contained in the two lots and what you all have to do is hire a land surveyor and set forth all of the proposed changes that you / your Mom want to make and need to make in order to get the houses built in a speedy manner and in conformance with the local building codes and regulations. There are no legal forms that you can use to accomplish these transfers so the best bet is to hire a local attorney who can pull all of this together for your Mom to make it all work. To find an attorney, you should contact your local county bar association and ask for the names of several attorneys who handle local real estate law -- then you can talk to the attorneys and decide which one you would like to use and go from there. Regarding the Columbia Gas easement -- if you are going to actually need to get a ROW through the easement then that is another item that must be written up from scratch.

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Please let me know what additional questions that you have.

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MARY

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