Setting Up (and Disputing) a Parcel Boundary Adjustment

by Isaac Benmergui, Esq on February 14, 2014

We’ve all had them before, those arguments with the neighbors about who’s tree that is so close to the boundary of the fence between two properties. Can you imagine just how intense it would be if those two neighbors co-owned both lots? Such is the case with multiple owners of a section of land and how real estate law applies to them. What can they do? It’s simple: they can file for a boundary adjustment or lot merger.paperwork

What exactly is that? It’s more than a simple filing, requiring some time at the courtroom to write up the new plan between both lots or multiple lots to essentially re-draft the plan to fit the needs of the parties in question. There is a process to follow, going something like this:

The Pre-Application – Essentially, gather all your information, your materials. Plan it all out and spell it out for the city planning department staff. Of course, all parties in question have to be in agreement with the new adjustments.

File the Application – That Senior Planner will look over your materials very quickly and get it right through processing, in which case the entire staff will then review it with the Planner to determine if the new setup meets the minimum zoning requirements. There might even be a visit to the site for recommendations directed to the Planning Director. They, at the end of it all, may approve the application, or….

Denial and/or Appeal – Typically, you can expect a decision to be made to approve, “conditionally” approve or deny the application, and you’ll normally receive that response within a couple of days or so. You can, though, appeal the decision.

Just make sure you make the deadline for it!

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