Lot Tie Agreement

[scarpa]

Can someone provide an explanation of a Lot Tie Agreement (Affidavit)? The origin, the intent, and the pros & cons (execution & termination) would be beneficial.

[RAM]

and what is it?

[Lee Hixson]

Never heard of it.

[Warren Smith]

I suspect it would be similar to the LA County Lot Tie from the thread below. It is called a Covenant to Hold as One Parcel, and serves essentially as a Lot Merger. The owner(s) execute the Covenant and record it.

It is imposed as a condition for site development, where a landowner of adjacent parcels proposes to build either across a lot line, or within a setback from an interior one.

It is quite common in areas where original lots are 25' wide.

[Johnston]

Why not a merger?

[Warren Smith]

I'm not sure why a Lot Merger isn't imposed. Perhaps someone from an agency which requires these can explain.

I can conjecture that, since it is a unilateral covenant, it is a less burdensome process to undergo in order to obtain approval for a development project. The authorizing ordinance may differentiate between minor development below a stated threshold, and those which trigger more oversight.

[scarpa]

I am hoping to hear from jurisdictions which implement these documents, e.g., City of Los Angeles, City of Malibu, and City of San Diego.

[subman]

They are used for various purposes. A more complex one that comes to mind is a 1M+ SF industrial project where the property was zoned properly but the existing lot configuration did not match the building configuration planned for the proposed subdivision. The County of Los Angeles approved a lot tie covenant and site plan to allow the building permits to proceed "at right", straddling existing property lines while the subdivision map was proceeding concurrently. It saved the developer significant time by being able to process concurrently. Once the parcel map recorded where the lots matched the newly constructed buildings, the developer was able to sell the lots and individual buildings. Up until that point the buildings and the underlying existing parcels had to be conveyed in their entirety as a single parcel.

Another use is in rural areas on antiquated tracts with small lots where they need the second lot for the septic system. Lots are tied together as one so the private sewage disposal system can cross a lot line. Something prohibited by the plumbing code which requires setbacks from PLs.

[RAM]

thanks,

[subman]

where a building will straddle a lot line between two lots

[RAM]

so why not complete a parcel merger? seems like a short cut that will have consequences in the future. Should just do it right the first time. IMHO

[scarpa]

The following is from an unknown author; however, I sense it follows what others have stated.

“A Lot Tie Affidavit is a covenant and agreement to hold property as one parcel. This is required when a building is located on more than one parcel of land.
For example, I recently worked on permitting shade structures at a private school in Los Angeles. The owner was required to complete a Lot Tie Affidavit in order to tie six parcels together during the permit process. The Lot Tie ensures that the owner does not sell a parcel where a portion of a building straddles two parcels or where tied lots allow the required lot area thereby allowing for new construction.
A Lot Tie Affidavit is simple to complete. However, termination of a Lot Tie may be more complex. For example, let's say that you want to sell one of your joined lots. You may need to demolish an existing building if it is built across two adjacent parcels before you are allowed to separate the lots in order to sell one.”

[dedkad]

so why not complete a parcel merger? seems like a short cut that will have consequences in the future. Should just do it right the first time. IMHO

Developers don't want to lose lots so they are inclined to go for the lot tie instead of the merger, if an agency allows it.