Submitted by admin on Fri, 08/15/2008 - 15:28
We live in Massachusetts and are trying to sell a home we bought in 1995. We own two parcels, one that the house sits on and another vacant lot next to it. In 1995 the two parcels were recorded on one deed. We have always paid two separate tax bills. My neighbor has shown interest in buying the parcel of vacant land that abuts his property. Our question is: can the two parcels be split up now that they are on the same deed?
The following response was posted on the Forum Chat Room by Attorney Lisa Sigman of Wakefield. Two lots of land can be recorded one deed, and can remain as separate lots. If this is the case, you can revert back to two deeds and sell the vacant lot. The fact that you are still getting taxed as two parcels could indicate that the town still considers them separate.
The biggest issue that needs to be determined is whether or not the parcels were actually merged when put onto the same deed. Check with the town, review the deed, and if necessary consult with an attorney. To be thorough, I also recommend that both parcels be surveyed and a complete title search be conducted.
For more information or to post a question, visit our MA Real Estate Law Discussion Forum.