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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3164
Experience:  25 years of experience in general practice, real estate law and estate law.
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my property is in unincorporated king county, Washington state-

Resolved Question:

my property is in unincorporated king county, Washington state- I have 2 tax parcel #'s but one deed showing legal descriptions of lot A, lot B. the undeveloped lot has no address and is smaller than local zoning of 1-5 acres. Am I able to sell or build on it? It is currently used as horse pasture. I don't believe it will perk. ( swamps put in wet winters).
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 6 months ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.

You can certainly sell the lot(s). What did you want to build?
Customer: replied 6 months ago.
I am most concerned with selling the raw land seperate from the lot with my home on it- I am considering bankruptcy and do not want the undeveloped parcel sold off as part of the settlement . if that is a possibility I would prefer to lease it or sell it myself.
Expert:  Attyadvisor replied 6 months ago.
I am sorry I did not realize that you were having financial difficulties. Is this a possible foreclosure situation?


Is there a loan that covers the home and land?

-Could you explain your situation a little more?
Customer: replied 6 months ago.
I am not in foreclosure , and am current on my mortgage. the mortgage loan includes both lots -they are listed together on the on deed. they have never been "loaned" as seperate. I just have 2 tax parcel #'s . both are paid by my escrow, my IRS 1099 shows only 1 amount for the total taxes paid on both lots.
my concern is if I file a chapter 7 - the undeveloped lot will be taken even though I keep my "home" . I consider and use the parcel as part of my home. I need to know if the law will also consider it as part of my home.
Expert:  Attyadvisor replied 6 months ago.
Thank you very much for the clarification.


the mortgage loan includes both lots -they are listed together on the on deed. they have never been "loaned" as seperate.

Based on the information you provided this should be considered part of your home. They are listed on the same deed, there is no separate address and your loan covers the home and land as one loan.

Am I able to sell or build on it? It is currently used as horse pasture. I don't believe it will perk. ( swamps put in wet winters). Did you still want information on selling the lot or building on it?
Customer: replied 6 months ago.
I would assume am not able to sell it seperate based on your information. under what circumstances would it be buildable, i.e. livable structure or just outbuilding/ animal shelter. specifically a mother-in-law structure. thank you
Expert:  Attyadvisor replied 6 months ago.
You would need to separate it out from the other and remove the mortgage lien.

As far as building on the land we would need to check your local zoning ordinances to determine, what type of structures, if any, would be within the zoning regulations.

http://www.kingcounty.gov/operations/GIS/PropResearch/KC_Zoning.aspx

Do you know your zoning designation?
Customer: replied 6 months ago.
I am zoned RA - 5
Expert:  Attyadvisor replied 6 months ago.

"To determine if an Accessory Dwelling Unit (ADU, also referred to as a mother-in-law apartment) is allowed on a given parcel, customers must know the zoning and lot size.

Generally, however, in unincorporated King County, accessory dwelling units are allowed in all zones except Mineral (M) and Industrial (I), provided that certain conditions are met. Please reference section 21A.08.030(B)(7)(a) in Chapter 21A.08 (PDF*) of the King County Code.

ADUs differ from accessory living quarters in that an ADU is allowed to have a kitchen or kitchen facilities as defined under KCC 21A.06.0662 in Chapter 21A.06 (PDF*) of the King County Code."http://www.kingcounty.gov/property/permits/FAQ/MyProperty.aspx#build

 

 



You can find the information under 21A.08

http://www.kingcounty.gov/property/permits/codes/legislation/detail/PublicRules/Adopted.aspx

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3164
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 8 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 6 months ago.
Thank you very much.

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