Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
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.
Please let me know what additional questions that you have.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).