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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7345
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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The property connected to our home is 6/10 of an acre. We

Customer Question

The property connected to our home is 6/10 of an acre. We purchased it along with our current home,25 years ago for 15,000. We were told by the seller,that it was a building lot,. We are build annually by the town for this as a "Homestead Parcel"......We wantedto sell as a building lot and are being told we must apply for a variance first.....The issue that we now have is that the water dept of the town recently brought public water to our neighborhood. They installed an outlet on our "homestead parcel"....We are being charged for this outlet on the parcel....They also installed an outlet on the property that our home is on..My question is......Why do we have to pay for this when we are being told that our " homestead property is not a building lot...
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 11 months ago.

If you are in a platted subdivision, then you should examine the plat to see exactly how that 6/10 of an acre is shown. If it is a separate subdivided lot, then you have the right to build on it. If however it is simply an added on parcel to the lot which you build your home on, that is a different story. If that is the case, you will need a variance or a re-plat to subdivide your lot into two building lots. The town engineer can't help you, but a competent real estate lawyer should be able to review the plat and tell you exactly where you stand. I can't comment on the water outlet being installed on the Homestead parcel. All I can say is that it doesn't make any sense for the water company to have done that without knowing whether the property is a freestanding building lot or simply additional land which is attached to your lot. However the fact that they did it does not establish the legal status of that parcel as a building lot.

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