Dallas, TX asked in Real Estate Law and Land Use & Zoning for Texas

Q: What is the name of the code that let's me buy a portion of my friend's 50 ft by 140 ft lot without his house on it?

My friend has a 50'x140' lot and offered to sell me a portion without a house. He wants to keep his house for himself. Where should I begin to take him up on his offer?

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: A 50' x 140' lot is already pretty small (7,000 sq ft). There probably is no Code section directly on point. In the City of Dallas, the minimum lot size for residential use is 7,500 sq ft., but there may be older homes that are grandfathered in. You also need to analyze the required setbacks for front, rear, and side yards. Section 51A-4.100 of the Dallas Development Code. Purchasing a portion of a lot will likely require replatting and likely will require a zoning variance, especially if your friend intends to keep the house on his portion of the lot. This likely will require a real estate transactional attorney who practices in the area of zoning law. My educated guess is that it will cost several thousand dollars and the Zoning & Planning Commission may not approve it depending on the character of the neighborhood and the use you intend for your portion of such a small lot.

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