In terms of real estate law, when do “grandfather” clauses end?
admin | Apr 14, 2010 | Comments 5
About 50 years ago, the property I live on was subdivided into 3 lots. I now own one, and another person owns the other two, one of which has a house. Neither of us are the original owner.
Since that time, town ordinances have been established that have established acreage minimums (which the second lot is under) and only allowing one residence on a flag lot (which the two lots owned by the same owner are). Does the owner of the second lot need to apply for a variance to build or since the lots were divided before the ordinances were enacted, or can he build on the second lot because it was subdivided before the ordinace regulations even though when he bought the lots they were in effect?
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grandfather clauses don’t end. it’s a simple term meaning you are an exception to the rule because you were there before the ruling…. You’d have to talk with your zoning comission to get a definitive ruling, however, they can’t take away what was once granted, so it should be safe to build.
In NC, the “Grandfather” clause only applies to the original owner at the time the zoning changed…(and the Grandfather clause is good forever…up until the property is sold)…once the property changes hands, the new owner is subject to the current zoning laws…
You may want to check with a real estate agent for the laws in your state and area…he/she should know..or, you can call your local zoning office for answers…
the owners no matter what will have to go in front of the zoning broad to get permission if that is even possible, need to talk to a lawyer preferably one who deals frequent with the zoning board
currently the owner under the existing zoning can not get a permit to build, therefore the owner will have to go in front of the zoning board for a variance, the problem may lie in the fact nothing was ever built on the lot hence the grandfather part my only apply to the sub division and may not grant the right ot build new on the lot against current zoning laws
in general if there had been a house built then its foundation print would have been grandfather to allow building on the print in this case there is no print, brand new
need to talk to a lawyer in the area that specializes in zoning matters
A grandfather clause is an exception that allows an old rule to continue to apply to some existing situations, when a new rule will apply to all future situations. It is often used as a verb: to “grandfather” means to grant such an exemption. For example, a “grandfathered power plant” might be exempt from newer and tougher pollution laws, or a 19-year-old might still be allowed to buy alcohol when the minimum age is raised from 18 to 21.
Often, such a provision is used as a compromise, to effect new rules without upsetting a well-established logistical or political situation. As well as being “grandfathered in” to avoid suffering new penalties, people may be “grandfathered” to receive new benefits they are not otherwise entitled to. For example, if a company has a pension plan that after a certain date improves to include additional or superior benefits, those who have already retired may be “grandfathered in”; they may be granted the same improvements to their existing pension plan, so that they are not, in effect, penalized for having retired prior to the rule change. This amounts to the same as the new rules being “not retroactively applied”.
So Grandfather Laws don’t, by definiton, end however since these laws apply to people/things/laws/relationships that already existed when that preexisting condition no longer exists then, effectively, that grandfather law no longer has effect or is no longer in force.
check the deed for the property to see what it states.