The county has on its books a “safety rule” not yet enforced: the width, etc. of roadway/drive that serves the residences. I want to be grandfathered?

If the county decided to start enforcing this rule, as is now I could be forced to make very expensive improvements to the roadway before I start to sell lots. Specifically, does getting my large tract of land subdivided, and registering each lot as new, including paying more taxes overall (compared to paying less for one larger tract), give me any hopes of grandfather status since the county “let” me break up the land (potentially to sell and build)? In other words, if I get my land broke up and county-registered before the new rule is enforced, then does their recognition grandfather me?

Asked on June 14, 2009 under Real Estate Law, North Carolina


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You may not have grandfather rights.  You may need to get variances from the zoning/planning requirements.

What you need is a planning/land use attorney to review your paperwork and plan sets with you to determine if you can be granfathered. Try and check his or her record at the North Carolina Bar.

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