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PaperclipPerfector  1d ago (text post)   700 thread views

Friday Fun Thread for May 2, 2025

Be advised: this thread is not for serious in-depth discussion of weighty topics (we have a link for that), this thread is not for anything Culture War related. This thread is for Fun. You got jokes? Share 'em. You got silly questions? Ask 'em.

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In looking at your real property that was originally laid out over a century ago, have you ever noticed that it appears to be composed of a zillion super-narrow lots? (For example, my mother's house sits on a 100×112.5 rectangle of land that is composed of four 25×112.5 strips.) Well, here's a fun fact: If multiple lots that are not compliant with the current zoning code fall under common ownership, and merging them would create a compliant lot, then under the "doctrine of merger" those lots immediately merge with each other! (Under my mother's local zoning code, the minimum lot width is 40 feet, so her property presumably has merged into two 50×112.5 lots… is what I was going to say, but apparently the zoning code was thoroughly amended since the last time I checked it, and the minimum lot width has been reduced from 40 feet back down to 25 feet. Can lots merge and then de-merge? I don't know.)

Court opinion:

  • Gary owns adjacent lots 9 (125 feet wide) and 16 (50 feet wide). Lot 9 bears a house, while lot 16 bears some accessory buildings. The minimum lot width in this zone is 100 feet.

  • Gary dies, and his estate sells lot 16 to Jerome, who wants to build a house on it. The purchase contract is conditional on Jerome's obtaining a building permit, but Jerome waives the condition. Jerome is warned by the title company before purchase, and by the zoning officer after purchase, that the lots may have merged, but he ignores the warnings.

  • Jerome applies for a building permit, but the application is denied because lot 16 has merged into lot 9. He applies for a variance allowing him to build on a 50-foot-wide lot, but the application is denied because lot 16 no longer exists, so there's no 50-foot-wide lot to which the variance would apply. He sues the municipal government, but the trial judge rejects his arguments, and the appeals panel affirms.

Court opinion:

  • Richard owns two lots that are positioned back-to-back, facing different streets. Lot 2 is 50×125 with a house, while lot 6 is 50×95 with a garage. Under the local zoning code, minimum dimensions are 75×100, but there's also a grandfather clause for existing 50×75 lots.

  • Richard wants to replace the garage on lot 6 with a new house. But he is dismayed to learn that the municipal government considers the two lots to have merged. After the govt. rejects his applications for subdivision and variances, he sues.

  • The trial judge reverses the municipal govt.'s determination that the lots have merged, and the appeals panel affirms. The existing lots are compliant with the zoning code's grandfather clause, so the doctrine of merger is not applicable. And, if there were no grandfather clause, a 50×220 merged lot would be just as nonconforming as the existing lots, so the doctrine of merger still would not apply.

Jerome applies for a building permit, but the application is denied because lot 16 has merged into lot 9. He applies for a variance allowing him to build on a 50-foot-wide lot, but the application is denied because lot 16 no longer exists, so there's no 50-foot-wide lot to which the variance would apply. He sues the municipal government, but the trial judge rejects his arguments, and the appeals panel affirms.

So... What did he buy if the lot no longer exists? Is this a "no refunds" type of situation?

So... What did he buy if the lot no longer exists?

The municipal govt. could have sued to cancel the sale of lot 16 and enforce the merger within two years after the sale, but it did not do so. Therefore, I think the illegal subdivision stands: Jerome now owns a not-properly-subdivided portion of lot 9, and neither he nor the owner of the other portion can get permits to build anything until the two portions of lot 9 are reunited. (But I'm not a lawyer, so I may be wrong.)

Is this a "no refunds" type of situation?

Jerome did also sue his closing attorney for failing to notify him of the merger issue. That lawsuit was settled out of court.

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