Can a forced partition result in creating a non-conforming lot?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a forced partition result in creating a non-conforming lot?
MY SISTER AND I CO-OWN FAMILY PROPERTY WHICH WE WANT TO SPLIT. THE TOWNSHIP REQUIRES LOTS TO BE 1 ACRE. WE HAVE AGREED I WILL RETAIN THE HOUSE WHICH IS MY RESIDENCE. THE PROBLEM IS I WILL BE .3 OF AN ACRE SHORT THE WAY MY SISTER WANTS TO SUBDIVIDE. NOW SHE HAS HIRED A LAWYER AND IS GOING TO FORCE A PARTITION. DO I HAVE ANY RECOURSE?
Asked on September 21, 2010 under Real Estate Law, Pennsylvania
Answers:
Jonathan Stanwood / Law Office of Jonathan H. Stanwood, LLC
Answered 13 years ago | Contributor
You may be able to get a variance from the ordinance.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to get yourself an attorney as well. An action for partition ask a the court to literally split the property in half. When there is a house involved a Judge will generally order the property sold. What does your sister really want? Is the property big enough for two 1 acre lots and can you house be positioned to be totally on one acre? If you yourself hire an attorney it may be the start of negotiations between you and your sister that will allow you to keep the house and live there within the constraints of the township. Either way you need to be able to use the house. Be prepared for the worst, though. Family gets funny sometimes when there is money involved. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.