If property land use changes to vanact does it loose its grandfather clause on abandon propety?
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There is an abandon falling down house next to me. It was originally a mobile home and someone tried and failed to build a house around it. I moved in next door 5 years ago and it was abandon then for sometime. It is an eye soar and dangerous and want to do something about it. My county has an online tax records and the property used to be classified as mobile home with well and septic. I just looked and now it says vacant land. It is a .5 acre lot and my township required 2 acres to build i dont know what the mobile home requirement are but im sure they would be the same or none at all. Nicer rural/wooded area in eastern PA. But the property is on a private road When i get enough money together i would like to buy it just to clear the lot and i was also considering using the existing well and septic and put a cheap mobile home on it and renting it out.. with the land use changed that means i can not use the grandfather clause right? Even if i could fight it im sure they would want the septic up to code which my area is a raised mount and lots of money. I am also thinking about reporting the property to the township but that may just add fines and liens on the property which i would have to pay for if and when i buy it? Am i right? From what i heard from the neighbors its an older man in his 70'-80's that owns the property. I am thinking the land may be worth $15,000 but there is $10,000 worth of clean up. The whole property if filled with falling down outbuildings and trailers. Anyone have any thoughts on the situation or any knowledge of real estate law that may be helful? thanks
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Answer:
The concept of "grandfathered" means that the zoning changed and the previous EXISTING use was allowed to continue, even though it no longer conforms to the ordinance, at least for some limited time, or until that non-conforming use is terminated (i.e., abandoned for over a year). Under an "ordinary" zoning law in the USA, once the grandfathered use has ceased, the new code will apply going forward, regardless of who owns the land. If you're right and local zoning will not permit any new dwelling without a variance on that lot, it would seriously diminish the value of that lot, meaning you might be able to purchase it cheaply as an abutter, getting it back onto the tax roles as vacant land and increasing the value of your primary lot. You might consider approaching the current owner with an offer and they may be overjoyed to have someone take it off their hands for slightly more than the assessed tax value.
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Other answers
Check with Town Hall. Ask in the zoning and building department. If the permits needed to be taken out by a certain time ..then you might find that it is not grandfathered. This is a question that is very specific to the town/county where the land is located.
deb s
You would need a new permit to put a new mobile home on the lot. The septic tank would also have to be to present code. No grandfathered anything would apply to a new owner.
Landlord
EyeSORE, and LOSE. There is no such thing as an abandoned property grandfather clause.
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