County land split/zoning question

[jgalt43]

After researching and even speaking with local zoning officials, I purchased 10.5 acres of vacant land upon which I planned to build a house. Upon contacting the same official to obtain my building permit, I was informed my warranty deed was being held by the county and the land was not transfered. The reason? Although I followed all local laws and met all requirements for a building permit, the seller had 'illegally' created a parcel of land that did not meet minimum parcel size requirements (10 acres). They require the seller to go before the zoning board and follow their 3 month process before they will honor the land transfer.

My questions:
*Who owns the property? The county claims the seller still owns it, but the deed/title has my name and I am scheduled to begin making payments next month.
*Do I have any recourse against the title company who executed the closing?
*If the seller refuses to go before the zoning board (he has no motiviation as he will continue cropping his land) or if our petition is unsuccessful is there another path forward?

Thanks

What is the name of your state? Indiana

 

[seniorjudge]

Based SOLELY on what you say, here are some answers:

*Who owns the property? The county claims the seller still owns it, but the deed/title has my name and I am scheduled to begin making payments next month.
If your name is on the deed, you own it.

*Do I have any recourse against the title company who executed the closing?
Title policies generally do not protect against zoning violations. Unless there was something on the public land deed records stating that this land could not be sold, the title company is not liable.

*If the seller refuses to go before the zoning board (he has no motiviation as he will continue cropping his land) or if our petition is unsuccessful is there another path forward?
What did your written contract with the seller say about: "the seller had 'illegally' created a parcel of land that did not meet minimum parcel size requirements (10 acres). They require the seller to go before the zoning board and follow their 3 month process before they will honor the land transfer."

 

[jgalt43]

*Who owns the property? The county claims the seller still owns it, but the deed/title has my name and I am scheduled to begin making payments next month.
If your name is on the deed, you own it.

OK

*Do I have any recourse against the title company who executed the closing?
Title policies generally do not protect against zoning violations. Unless there was something on the public land deed records stating that this land could not be sold, the title company is not liable.

OK, but even if the county had such a law on file that no parcel under 10 acres can be transferred? In other words, are you saying the title company has no obligation to be knowledgeable of local laws? The county is saying the land cannot be transferred because the law was broken. From the county point of view, re-zoning is a secondary way to solve the problem. The first would have been that local laws had been followed as the land was surveyed. I am just surprised that the title company has no obligation to stay within the county rules.

*If the seller refuses to go before the zoning board (he has no motivation as he will continue cropping his land) or if our petition is unsuccessful is there another path forward?
What did your written contract with the seller say about: "the seller had 'illegally' created a parcel of land that did not meet minimum parcel size requirements (10 acres). They require the seller to go before the zoning board and follow their 3 month process before they will honor the land transfer."

The written contract (in this case all we have is a purchase agreement) said nothing about the seller going before a zoning board. As you might imagine, it was quite a surprise to myself as well as the seller to find out that an issue of his (beyond a lien-which this is not) could impact me in this way.

Thanks for your responses.

 

[HomeGuru]

*Who owns the property? The county claims the seller still owns it, but the deed/title has my name and I am scheduled to begin making payments next month.
If your name is on the deed, you own it.

OK

*Do I have any recourse against the title company who executed the closing?
Title policies generally do not protect against zoning violations. Unless there was something on the public land deed records stating that this land could not be sold, the title company is not liable.

OK, but even if the county had such a law on file that no parcel under 10 acres can be transferred? In other words, are you saying the title company has no obligation to be knowledgeable of local laws? The county is saying the land cannot be transferred because the law was broken. From the county point of view, re-zoning is a secondary way to solve the problem. The first would have been that local laws had been followed as the land was surveyed. I am just surprised that the title company has no obligation to stay within the county rules.

*If the seller refuses to go before the zoning board (he has no motivation as he will continue cropping his land) or if our petition is unsuccessful is there another path forward?
What did your written contract with the seller say about: "the seller had 'illegally' created a parcel of land that did not meet minimum parcel size requirements (10 acres). They require the seller to go before the zoning board and follow their 3 month process before they will honor the land transfer."

The written contract (in this case all we have is a purchase agreement) said nothing about the seller going before a zoning board. As you might imagine, it was quite a surprise to myself as well as the seller to find out that an issue of his (beyond a lien-which this is not) could impact me in this way.

Thanks for your responses.

**A: we do not play what if games, but if your case you have a good case of breach of contract, fraud, misrepresentation etc. because the Seller could not comply with specifc performance. Although you are the legal owner since the deed was conveyed to you, the lot itself does not conform to the zoning ordinance thereby making it illegal. It appears that the Seller did not get subdivision approval and sold the lot to you out of his own plot plan subdivision creation.