Creating a deed restriction

[starfox]

Jurisdiction

Wisconsin

We have to divide our 8 acre property because we renovated a barn which ended up creating a second residence. We have enough frontage to do this according to the county we live in which is only 150 ft. per parcel, but not enough for the village we live in which is 300 ft. We also have to attempt to create lot lines that will be "approximate" rectangles as per the village code. The rectangle also has restrictions on length to width. In order for us to do this to satisfy the Village code dated 2017, we have to split up the main house, the barn, and the existing pole shed. The way it needs to be done would make the individual properties we have now created extremely undesirable for resale. In fact only a person not of right mind would ever want to purchase either property individually. The two structures will share a well, a mound system and a driveway. The well and the mound are sufficient for both dwellings and the property line would be right down the middle of a huge driveway anyhow. Can we place a deed restriction on the two parcels that says both parcels need to be sold together to the same owner. The problem with having two (should some crazy person decide they don't mind the weirdness the town is forcing us to create) is that the shared well and mound would most likely become a major issue in the future. Not to mention so many other things that will be weird after this property division is created.

 

[adjusterjack]

Can we place a deed restriction on the two parcels that says both parcels need to be sold together to the same owner.

Guaranteed to be unenforceable.

If you want both parcels sold to the same buyer, then don't subdivide.

The way it needs to be done would make the individual properties we have now created extremely undesirable for resale. In fact only a person not of right mind would ever want to purchase either property individually.

Seems foolish to even think about doing it.

 

[Zigner]

The thing that comes to my mind is a lot tie agreement of some sort. You should ask if that's an option when you meet with a local land use/real estate attorney.

 

[welkin]

We have to divide our 8 acre property because we renovated a barn which ended up creating a second residence.

So, this is obviously a zoning issue where the village code (passed in 2017) says that there can only be one residence per parcel. Would that be a correct assumption? It would be very helpful to know the village and the zoning ordinance to be able to advise you with any meaningful advice.

The first question would be, when did you renovate the barn, and did you get permits from the village to do it? If the renovation predates the passage of the zoning ordinance, then you can't be made to comply. The use would be pre-existing and would be a nonconforming use when the zoning ordinance was passed. The village can't make you, retroactively comply with an ordinance that didn't exist when the structure was converted. So, when was the barn converted?

The next question would be does the zoning (for you parcel) allow for rentals? Are you allowed to rent out a room, are there B&B's allowed in the zone? Is it a strict residential zone or a mixed zone of residential and commercial? From your post, it sounds like it may have been agricultural at one time.

There are many issues that would have to be resolved to do what you indicate the village wants you to do and frankly, not much of it make sense. Because of the shared well and septic system and driveway it would require multiple easements and maintenance agreements (covenants). That alone is a negative on the property values.

You should also explore the possibility of a zoning variance depending on the exact circumstances.

You really need a local land use attorney to look at the situation before you consider any cause of action. If the law was not on my side after all is said and done, I would tear out the amenities that make the barn a residence before I subdivided my land.