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Roger, Attorney
Category: Legal
Satisfied Customers: 31766
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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In general, is it legally possible to otherwise divide a large,

Customer Question

In general, is it legally possible to otherwise divide a large, buildable lot(2.6ac) with a house on it, within a subdivision(Colorado), into another 'buildable lot'; ie: two each buildable lots of 1.25 or so acres each; one with a home on it already. Thx, Rex.
Submitted: 4 years ago.
Category: Legal
Expert:  Roger replied 4 years ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : Yes, it is possible to divide the property into two separate parcels (you would need a surveyor to provide a new legal description dividing the lot into to two separate lots.
Kirk Adams : The only restriction would be if the subdivision OR the city in which you live has a minimum lot requirement.
Kirk Adams : So, LEGALLY, this can be done.
Kirk Adams : But there may be covenants, restrictions, local ordinances, etc. that won't allow it, however.
Kirk Adams : It looks like the CHAT is on the fritz!! It looks like you're entering and leaving the chat every few seconds. I'm going to switch it to a traditional Q&A format.
Customer: replied 4 years ago.

Soo, if the subdivision has a convenanted restriction upon further subdivision of lots, there really isn't anything I can do about it, even if a vote of the lot owners approved the addition of one more lot!?

Expert:  Roger replied 4 years ago.
If there are restrictive covenants, then the property and its owner are bound by those rules. If the only restriction is a subdivision covenant, it is POSSIBLE to have it changed if EVERY OWNER in the subdivision would sign off on changing this restriction AND the HOA board approved it (if there's a board).