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Richard Turn…, Both Buyer and Seller in Warrenton, VA

Without breaking off 50 ac of my farm how can I build 2 houses for my kids?

Asked by Richard Turner, Warrenton, VA Thu Aug 28, 2008

I have a 276 ac farm and I am trying to build two houses,one for my son &one for my daughter.The farm is owned by my sister and I under a family partnership.Per zoning I have to put 50 Ac. into my name so I can transfer it to my son & daughter under the family division of 5 ac every 5 years. I do not want to divided up the farm it will be gone in a few generations. Can I build them as tenant houses?

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I agree with the previous answer. But, make sure you think through the full consequences. If they are tenant homes, and your family, for whatever reasons in the next few generations, WANTS to sell the farm, or portions of it, it will be likely be more valuable if it has been subdivided. It sounds like your intention is to keep the farm in one parcel for as close to enternity as possible, and that is respectable. However, you don't know what surprises life and society might bring to your children and grandchildren. Obviously, you love your children and want to help provide for their futures or you would not be considering this.

Talk through the various ramifications with not just a zoning attorney but also a real estate attorney. And, if possible, find someone with a good crystal ball who can help you foresee the future (lol).
0 votes Thank Flag Link Fri Aug 29, 2008
Talk to a good zoning attorney in Warrenton. Try to find one who has served on the zoning commission. You're dealing with both very specific local laws and regulations, plus--very likely--political considerations. For instance, it's possible you might be able to get a variance. But that often requires not just logic and precedence, but also some political muscle on your side.

Hope that helps.
0 votes Thank Flag Link Thu Aug 28, 2008
Don Tepper, Real Estate Pro in Fairfax, VA
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