Can you buy a portion of a lot?

Purchasing only a portion of a residential lot is possible in some situations, but it depends on the local zoning laws and subdivision regulations. There are a few key factors to consider when looking at buying part of a lot.

Subdividing the Lot

The most straightforward way to buy part of a lot is if the seller subdivides the lot first. This involves legally splitting the lot into two or more smaller lots. The seller would need to check with the local zoning office to see if subdividing is allowed. Typically, each new lot would need to meet certain minimum size and dimensional requirements for that zoning district.

If subdivision is possible, the seller can create a new lot boundary and sell you the portion you want. You would receive a separate parcel with its own tax ID number. This gives you full ownership and control of that piece of land.

Undivided Interest

If the zoning rules prohibit subdividing the lot, another option is to purchase an undivided interest in the property. This means buying a percentage share of the lot without physically splitting it. For example, you could purchase a 50% undivided interest in the lot.

You would own half of the lot and the seller would retain ownership of the other half. You would both be on the deed and share rights to the entire property. This option avoids the subdivision process but does come with drawbacks:

• You do not get a separate parcel or full control over your portion.
• You and the seller would need an agreement for using, improving, and maintaining the property.
• Selling your interest later can be difficult without the seller also selling.

Leasing Part of the Lot

Rather than buying a portion, you could lease just a section of the lot from the owner. For example, you could lease the back yard to use as you wish. A lease gives you limited rights to that part of the property for a set period of time. Key considerations with a partial lot lease include:

• The lease terms and duration – a longer term gives you more certainty.
• How much autonomy you will have over the leased area.
• Responsibility for maintenance, taxes, and insurance.
• Easements for access if the leased area is landlocked.

A partial lease avoids subdivision rules but does not give you ownership or full control. It can be difficult to lease just part of a residential lot long-term.

Easement for a Specific Use

Another option is negotiating an easement to use or access part of the neighboring lot for a specific purpose. For example, you may get an easement to build a driveway over a portion of the lot. Or get access rights to maintain the side of your house. Easements allow a limited use of the property. Key considerations include:

• The easement rights would be narrowly defined for a specific use.
• The portion under easement is still fully owned and controlled by the lot owner.
• The easement should be properly recorded for legal standing.
• Maintenance obligations must be spelled out.

Easements do not provide full ownership of part of a lot. But they can allow certain uses or access rights.Lot line adjustments are also possible in some cases to shift boundary lines. This involves coordination with local zoning offices and adjacent landowners. Overall, buying just a part of a residential lot requires creative solutions since subdivision policies are often restrictive.

Zoning and Subdivision Rules

The first step is researching the local zoning ordinance and subdivision regulations which will dictate what options exist. Typical residential zoning rules include:

• Minimum lot sizes – For example, lots may need to be at least one acre in a rural area or 5,000 square feet in a suburb.
• Lot dimensions – Requirements for minimum lot width, road frontage, and setbacks.
• Density limits – Restrictions on the number of housing units allowed per acre.
• Subdivision process – Procedures for legally splitting lots which often involve surveys, plans, and public hearings.

The goal of these zoning rules is typically to control density and preserve the residential character of neighborhoods. The regulations vary significantly between municipalities.

Common Barriers to Subdividing

Some common hurdles with subdividing a residential lot include:

• The resulting lots would not meet the minimum size or dimensional standards.
• There are limits on how many lots a property can be divided into.
• Physical constraints like easements or septic systems may prevent splitting.
• The local board denies approval for subdivision.

Since zoning aims to limit density, minor residential subdivisions are often restricted or require exceptions. Understanding these barriers is key to evaluating options.

Use Agreements for Shared Lots

If owning a divided interest in a lot with another party, a use agreement is essential. This legally binding contract sets ground rules for shared ownership. Use agreements typically address:

• Exclusive use zones – Designating areas under each party’s control.
• Maintenance – Apportioning mowing, snow removal, and upkeep costs.
• Improvements – Process to approve and fund upgrades like sheds.
• Insurance and taxes – Determining who pays for what.
• Dispute resolution – How to handle conflicts if they arise.

Without a thorough use agreement, divided lot scenarios can quickly become problematic. An attorney can help craft this document.

Financing Challenges

Buying part of a residential lot also introduces financing challenges:

• Getting a mortgage – Lenders shy away from unusual partial lot scenarios unless zoning explicitly permits subdivision.
• Appraising value – Determining market value may be difficult without comparables of similar divided lots.
• Future sales – It may be hard to resell partial interest in a lot in the future.

These factors mean financing usually depends on the buyer paying cash, or the seller providing owner financing. It is advisable to consult local lenders to understand if traditional mortgages are possible.

Surveying the Lot

To properly divide a residential lot, precise boundary lines need to be established through a professional land survey. Key steps in surveying a lot to split it include:

1. Researching existing plat maps and surveys of the lot.
2. Physically marking the proposed new boundary corners.
3. Recording measurements between the boundary markers.
4. Mapping the new lot lines in detail.
5. Filing the certified survey with the town and county.

A certified survey provides legal documentation of the new lot boundaries. This is essential for the subdivision approval and conveyance process. Buyers and sellers will want to review the survey.

Example Lot Split Scenarios

Some examples help illustrate how partitioning a residential lot might work:

Scenario	Original Lot	Proposed Split	Zoning Factors
Rural 5-Acre Lot	200 feet wide x 500 feet deep (5 acres total)	Split 200 feet x 250 feet section from back	5 acre minimum lot size Permits subdivision into 2 lots
Suburban Quarter-Acre Lot	75 feet wide x 125 feet deep (0.25 acres total)	Split 25 feet x 125 feet section from side	0.5 acre minimum lot size Does not permit subdivision
Urban In-Town Lot	50 feet wide x 100 feet deep	Split 25 feet x 100 feet section from back	5,000 sq.ft. minimum lot size Allows subdivision into 2 lots

These examples demonstrate how zoning rules, lot configurations, and dimensions factor into the feasibility of dividing a lot. The ultimate determining factors are the specific zoning standards in that municipality or county.

Special Considerations for Corner Lots

Corner lots present unique considerations if trying to purchase a portion of one:

• Corner lots tend to be more valuable and visible.
• Zoning may impose larger minimums for subdividing corner lots.
• Splitting off the side section facing a street may not be allowed.
• Subdivision impacts multiple street frontages and access points.

In general, splitting a corner lot faces more regulatory hurdles and scrutiny. The town aims to preserve the continuity of streetscapes on corner lots. Creative solutions can sometimes work, but the zoning rules limit subdivision potential.

Hiring an Attorney

In most cases hiring a real estate attorney is advisable to navigate the process of buying part of a residential lot. Key reasons to have legal guidance include:

• Advising on local subdivision regulations and options.
• Drafting necessary use, access, and lease agreements.
• Preparing deeds to convey divided interests.
• Facilitating approvals and filings with the town.
• Negotiating title insurance, easements, and rights.

An attorney experienced in real estate can offer critical advice. They help execute the transaction in a legal manner that protects your interests.

Pre-Purchase Due Diligence

If considering buying a portion of a residential lot, key due diligence steps include:

1. Researching zoning standards and subdivision rules.
2. Verifying lot dimensions with a survey.
3. Evaluating access, easements, and rights of way.
4. Understanding any HOA covenants.
5. Consulting local planning and zoning offices.
6. Examining deeds, title reports, and encumbrances.
7. Investigating permit and construction history.

Proper due diligence provides a full picture of what is feasible on that lot. It identifies any constraints before you purchase.

The Subdivision Approval Process

For residential lots, splitting the land typically requires local government approval through a minor subdivision process. Exact procedures vary, but often include:

1. Hiring a surveyor to create new lot boundary lines.
2. Submitting an application and subdivision plan to the town.
3. Attending preliminary review and public hearings.
4. Addressing any concerns from zoning, engineering, and fire officials.
5. Finalizing the subdivision plan and revising as needed.
6. Obtaining approval from the planning commission.
7. Recording the subdivision plat with the county.

This process ensures compliance with zoning, properly documents new lot lines, and makes subdivision official. Most municipalities require this for splitting lots.

Key Steps When Subdividing a Lot

Some of the key steps involved in legally subdividing a residential lot include:

Step	Description
Feasibility Review	Confirm lot can be divided under zoning rules.
Retain Surveyor	Surveyor marks boundaries and creates plat map.
Submit Application	File subdivision application and pay fees.
Approval Process	Town reviews plan and holds public hearing.
Record Subdivision Plat	Once approved, plat is recorded with county.
Create New Parcels	Town assessor assigns new tax parcel IDs.
Convey Property	Deeds transfer ownership of the new lots.

Following proper protocol is critical so the new lots are legally compliant and separately usable parcels of land.

Alternatives to Purchasing Part of a Lot

If buying a portion of the neighboring lot is not feasible, alternatives such as the following may be possible:

• Lot line adjustment – Shift the boundary to add space to your lot.
• Rear easement – Right to use the back section of the adjacent lot.
• Shared driveway – Agreement to access your property over their lot.
• Land lease – Lease rather than purchase part of the neighboring land.
• Lot merger – Combine lots with the neighbor to create one larger lot.

While not the same as owning part of the lot, these options allow you to legally gain some rights or use of the adjacent property. They provide alternatives worth exploring.

Conclusion

Purchasing a portion of a residential lot is possible but often faces regulatory hurdles. The local zoning standards will dictate what is allowed through subdivision or divided ownership. Coordinating use agreements and easements is key if co-owning a lot. Wise due diligence and creative solutions can sometimes yield successful outcomes. But the zoning laws ultimately determine what lot divisions are possible.