Q: My brother and I each want to put a house on 74 acres in NE, but the county doesn't allow more than one home per qtr.
But, there is a special condition that if we are ranchers and own all the land, a 2nd home can be built, so we can "get around" the problem of not being able to build two homes, by not separating the 74 acres into 2 parcels (so we both own the ground), so no real problem so far. But, I have 2 questions: 1) Can the planning/zoning commission stop us from selling this property (with the homes that are now on them) in the future if they are now divided into two, 37 ac. parcels and are now owned separately, one by my brother and the other by me? 2) If they can be sold separately and one of the new owners had their home destroyed by fire or tornado 30 years after the home was originally built (10 years after the sale), and assuming the rule hasn't changed about having 2 homes on a qtr., can the planning commission refuse to allow them to re-build by not issuing a building permit due to the "can't have 2 homes per qtr. rule"? Or would some sort of grandfather clause come into play?
A: Your question is too specific for a general posting board like this. You will want to consult a real estate attorney experienced with farm land issues to see what exceptions might apply in your specific situation.
Tim Akpinar agrees with this answer
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