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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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Under Idaho law, can a portion of property which is now one

Customer Question

Under Idaho law, can a portion of property which is now one parcel be deeded without first creating a separate parcel? This is commercial property in the Boise area. There are several buildings on the one parcel. The buyer and seller want to split ownership of the buildings and eventually create separate parcels, but for timing reasons want to do the transfer before going through the process of creating a new parcel.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 2 years ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, a partial transfer is NOT possible. Since real estate is deemed to be 'unique', until parcels are uniquely split and partitioned, there is nothing as yet to split until the transfer occurs. While the parties may own the whole property in unequal portions, it would still be up to the accessors, surveyors, or the courts to figure out exact dimensions and likewise how to properly split and deed it outright between the current owners.


Dimitry, Esq.