Any Real Estate Attorneys on Here???

[TexaswBOWhunter]

I own 2 lots side by side in an acreage subdivision, I am wanting to know the in's/out's of relocating the property line between them (approx. 65'). Ultimately would make one lot a little bigger and the other lot a little smaller... Currently they are both approximately 2.7 acres... Woul end up with a 3.46 acre lot and a 1.92 acre lot.

My end goal would be to sell the smaller tract.

I spoke with the County Engineering office today, they stated that I would have to hire a surveyor to do a re-plat. Surveyor would then submit re-plat to County Engineering and once approved it would then go before court for a hearing.

I have a couple questions before I spend the money and go down this road.
1. What reasons would the court not grant the re-plat?
2. Does the HOA/POA have any say regarding this that would prevent the court granting the re-plat?

Anyone who has ever done this have any input?

[The Crippler]

Yeah, surveyor can shoot the lines and provide an amended plat. The only problem would be if there are restrictions on lot size, should probably get a title search to make sure before you pay a surveyor. Make sure utilities will still serve both tracts.


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[Youngblood]

1.92 acre is exactly what I'm looking for.

[Pthomas]

Not much should effect that other than hoa

[TexaswBOWhunter]

Yeah, surveyor can shoot the lines and provide an amended plat. The only problem would be if there are restrictions on lot size, should probably get a title search to make sure before you pay a surveyor. Make sure utilities will still serve both tracts.


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There is a water meter for both lots, we all have aerobic septic system and power is at the street.

I couldn't find anything on lot size, I will look again. Thanks

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[TexaswBOWhunter]

Not much should effect that other than hoa

In what way, is there something specific I should be looking for in the deed restrictions? I haven't found anything specific to re-platting.

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[Chance Love]

There will be SOMETHING in the deed restrictions about re-platting, minimal size, or if you are even allowed to split it at all.

[TexaswBOWhunter]

There will be SOMETHING in the deed restrictions about re-platting, minimal size, or if you are even allowed to split it at all.

Ok, thanks... I'll look some more tomorrow!

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[TexaswBOWhunter]

This is all I see in the deed restrictions regarding re-platting.

"All dedications, restrictions and reservations created herein or shown on the Plat, replats
or amendments of the plat of the Subdivision recorded or hereafter recorded shall be Incorporated herein
and made a part hereof as If fully set forth herein, and shall be construed as being Included In each
contract, deed, or conveyance executed or to be executed by or on behalf of Declarant, conveying said
Property or any part thereof whether specifically referred to therein or not."

I am not seeing where it isn't allowed. Any thoughts from the above legal jargon???

[Chance Love]

This is all I see in the deed restrictions regarding re-platting.

I am not seeing where it isn't allowed. Any thoughts from the above legal jargon???

Any thoughts? Yes. But Realtors aren't allowed to speak legal jargon. Maybe run over to a local title company and get their attorney to review the restrictions for you. There is something in there somewhere. You almost have an answer with what you posted...

[TexaswBOWhunter]

Any thoughts? Yes. But Realtors aren't allowed to speak legal jargon. Maybe run over to a local title company and get their attorney to review the restrictions for you. There is something in there somewhere. You almost have an answer with what you posted...

Will do, thank you sir!

[batmaninja]

Think through your utility lines, as well as your building set back to make sure you have enough of a footprint to build what you want. It wouldnt hurt to give your title commitment a look as well, I would also give it to your surveyor when he subdivides the lots so he can put everything on the survey. Just curious are most of the lost in the subdivision 2.7 acs?

[Grayson]

This is all I see in the deed restrictions regarding re-platting.

"All dedications, restrictions and reservations created herein or shown on the Plat, replats
or amendments of the plat of the Subdivision recorded or hereafter recorded shall be Incorporated herein
and made a part hereof as If fully set forth herein, and shall be construed as being Included In each
contract, deed, or conveyance executed or to be executed by or on behalf of Declarant, conveying said
Property or any part thereof whether specifically referred to therein or not."

I am not seeing where it isn't allowed. Any thoughts from the above legal jargon???

Respectfully, I don't think you're looking in the right place.

[Chance Love]

Respectfully, I don't think you're looking in the right place.

This guy knows. Give him a holler.

[TexaswBOWhunter]

Respectfully, I don't think you're looking in the right place.

Any help/advice would be much appreciated, no disrespect taken. I really want to make sure this is even an option before spending cash on survey's, re-platting and filing fees with the County.