Q: I've been told that my residence is illegal that I just bought. Now what?
My parents recently bought a house with a 2nd dwelling on it a dwelling that's been there and rented for 20 years. I was going to live there in exchange for taking care of my disabled mother. They would be living in the main residence. Now the zoning department is saying that it's an illegal dwelling and nobody can live there. How can a dwelling that's been there for 20 years and rented, now be illegal and nobody can live there? Is there anything that can be done?
A:
Many zoning laws have been recently enacted or amended within the last twenty years. The second dwelling may be a non-conforming use. A use that was allowed prior to the recent zoning but is no longer allowed. (Many refer to this a "grandfathered"). You may also be able to obtain a zoning variance that would allow an exception to the current zoning ordinance so that the second dwelling would be allowed to be used. The second dwelling may simply not be up to local building codes.
Finally, you should look at the language of the purchase agreement. The seller may have warranted that they were not aware of any current violations.
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