Is it a legal lot?

[mpallamary]

Anyone have any thoughts on the attached?

Does anyone have any thoughts about a lot being the product of lines?

Thanks in advance.

[LS_8750]

Gappers love this one.
Is it 0.01'x0.01'?

[mpallamary]

Indeed.

Do you have any thoughts assuming the lot is 100 feet square?

[Edward M Reading]

What if all of the surrounding legal lots were created illegally but are legal lots due to the issuance of building permits, and the subject lot does not have a building permit issued on it?

[Scott]

I recently procured a CoC from a County for a parcel of land that was surrounded by 3 legal parcels and a street. We could not prove it was created legally.

The County Surveyor basically said all the lines of the PIQ are also lines of legally created parcels and therefore are legally created lines. The parcel must be legally created as all its lines were legally created.

At +/- 30 acres, the PIQ was fairly equal in size to the surrounding parcels (not 0.0000000023 acres).

[LS_8750]

Donut holes need love too.

[mpallamary]

Scott, may I ask what county?

Edward, a building permit is different from a certificate. They still have to get a building permit. A COC does not grant building rights.

Thanks all!

[Edward M Reading]

Yes, Mike, I understand the difference between a building permit and a COC. A previous building permit on a lot confers a COC on a lot. See the SMA for reference.

[mpallamary]

Thanks Edward.

[Edward M Reading]

So to answer your question, a lot can be surrounded by legal lots and not be a legal lot.

[mpallamary]

Thanks Edward. See the attached at C-6.

Do you know of any other county that has this policy? I am looking for some policies or ordinances.

Do you agree a lot is made up of lines?

If so, if all the lines are legal, how can the lot not be?

That is the thrust of my question.

[LS_8750]

Mr. Pallamary,
To your original question, and also given the policy language, it looks like a CoC should be granted.

It seems the prudent task would be to determine how the subject parcel was created with respect to the surrounding parcels over relying on that policy.

[mpallamary]

Thanks my friend.

[dedkad]

Seeing that the parcel is land-locked, a conditional certificate of compliance might be more appropriate. I'm not sure why you are asking this question unless you are trying to get out of doing a CoC. I imagine the lender would want one.

[mpallamary]

Actually, the city I am dealing with will not issue one. My client agreed to a conditional COC assuring access but they won't do anything. It has been in process for 5 months.

We are meeting next week to discuss.

@$#%^#&^*!

[Edward M Reading]

The policy seems like a broad brush approach that does not take into account the unique fact set that accompanies each specific parcel. I've already provided one example in which the policy would be in error and I can think of others. The creation and history of the adjacent parcels could be much different than the subject parcel.