• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Creation of subdivisions within existing subdivisions

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

FredK

Member
What is the name of your state? WA
I had a meeting today with our city attorney and we discussed the Washington state code that deals with changes to existing subdivisions. The code says that when a change is proposed to an existing subdivision, the application must contain the signatures of the majority of persons having ownership interest in the subdivision.

I own a lot in a short-subdivision made up of four lots. I told the city attorney that the state code does not allow one of the lot owners to sub-divide his property into six lots and create a new private road without the signatures of the majority of persons as mentioned above.

The city attorney told me that the creation of a new subdivision from a lot in an existing subdivision does not constitute a change to the existing subdivision and as a result does not need the majority approval of persons in the existing subdivision. I asked if anyone has ever challenged this in court and he said "no", because it is just common sense that the redivision of a lot into multiple lots is not a subdivision change.

Does this make sense to you?What is the name of your state?
 


Shay-Pari'e

Senior Member
FredK said:
What is the name of your state? WA
I had a meeting today with our city attorney and we discussed the Washington state code that deals with changes to existing subdivisions. The code says that when a change is proposed to an existing subdivision, the application must contain the signatures of the majority of persons having ownership interest in the subdivision.


I own a lot in a short-subdivision made up of four lots. I told the city attorney that the state code does not allow one of the lot owners to sub-divide his property into six lots and create a new private road without the signatures of the majority of persons as mentioned above. This has nothing to do with your previous statement.

The city attorney told me that the creation of a new subdivision from a lot in an existing subdivision does not constitute a change to the existing subdivision and as a result does not need the majority approval of persons in the existing subdivision. I asked if anyone has ever challenged this in court and he said "no", because it is just common sense that the redivision of a lot into multiple lots is not a subdivision change.

Does this make sense to you?What is the name of your state?
YES! That makes sense.
 

FredK

Member
Subdivisions withing Subdivisions

??? How does that make sense? How can the division of a lot in an existing subdivision not be considered a change to the subdivision? In mathematical terms, that is equivalent to saying a change to a sub-set does not change the set. This does not make sense to me. What am I missing? Thanks.
 

pojo2

Senior Member
At some point this will have to be approved by the zoning board/city/county whatever and you can go fight it then.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top