Originally Posted By: HerrStig
Originally Posted By: Win
Why didn't they hold the properties as joint tenants with right of survivorship?
Short answer, there's widespread interpertation of property law which MERGES undersized abutting lots (under whatever new zoning comes along) into one bigger lot which has to be sold as a single unit if owned by one owner of group of owners. One must be careful about undersize lots which abut ending up in the same name or names. Developers will often set up two corporations "Green" and "Blue" and stagger ownership so that no tow lots owned by "Green" or "Bleu" abut. It protects them from later zoning changes which increase lot size. Once the lots are "developed", they can't be merged.
Untrue in the state of CT, be careful giving out state specific advice.
The only way to merge undersized lots in CT threw similar ownership is with similar use. IE your parents bought two lots, and built a house on one. If over the next 50 years they just cut the lot next door and maybe grow a garden its still an unimproved lot and is governed by the subdivision regulations at the time it was created. However if they decide to erect a pool, deck, driveway etc on the lot than both parcels are considered merged. Their was also a recent court case regarding sewer laterals and septic tanks merging lots which I feel is [censored] and might challenge on my own dime at some point.
Whats tricky is that each city in CT established a P&Z board and zoning regs at different periods, than revised them. In my city a lot of times I go by the 1935 zoning regs which are the most beneficial. A parcel is considered improved when one of two things happen, a structure is built IE concrete in the ground , or a building or zoning permit is pulled. If neither of those things happened since the creation of the subdivision in lets say 1930, than the parcel is still an unimproved lot and governed by the 1930's regs in terms of set backs, what you can built, and percentage of lot coverage.
Or say I record a map subdividing a parcel this year, which I already did. Now those lots go by the most current 2015 regs and 100 years from now they will still be lots.
Having said that one way you can lose use is threw drainage regs and wetlands, but that can lead into a very interesting gray area because they cannot deny you the use of your property. This is where you can drop boatloads of money quick on attorneys and engineering.