I am under contract to buy a small mobile home park. The land the park is on is zoned single family residential which is not the correct zoning. The town representative that deals with zoning verbally reported that the park is grandfathered in (legal non-conforming). However, they also reported that the town does not give out any type of documents that say so, such as a certificate of zoning. It worries me to not have an official document stating that the park is grandfathered. What should i do?
contact a lawyer....and/or get that in writing from them
What @RyanGroene said! I'd also send that town rep a follow up email asking him to verify what he told you and also to confirm that the park would be allowed to continue to operate as is. You can keep that for any legal fight that arises. The reality is they aren't likely to come upend your property unless you give them a reason to, like getting behind on taxes, etc. or if you're in the path of development. Check the future land use indication for you land. If it is going to remain residential it's not likely it's on anybody's radar.
I would have the city, county, or township go to person email you saying the park is legal non confirming and get a copy of the MHP license. Also stipulate in the purchase agreement that everything that the seller tells you about the park is true and genuine (extra insurance for you). You can use all of these things in the court of law as supporting documents if you need to. If the sellers, city, or county folks aren’t okay with giving you these three things that you’re asking then they’re hiding something. somethings up.
Thanks everyone! The town it's in is pretty laid back and small. I don't feel the seller or town is hiding anything. I seriously think that they just don't have systems in place to properly deal with zoning. However, the town is growing significantly so i know things will change in the future. I have tried to get a city representative to respond to an email stating the property is a legal MHP and zoned legal non-conforming. And i'm still waiting for that reply as i sent that email over a week ago. I'm not sure what else to do. I'll just keep calling them..
A few years back I was interested in a property that was 1/2 acre with three 1970's mobiles on it. I found out it had sold quite a few times in the recent years, so I started really looking into why. It was on a private septic, and the zoning had changed into a R-5 zone since the property was first made into a mini mobile home park. The mobiles that were on site at that moment in time were "grandfathered in" but they couldn't be replaced. Only one residence could be on that property with that zoning, so all that you could do was keep repairing the existing mobiles. And if you ever took them out, only one could be brought back in.
Hope this helps.
@Joseph Baumgart I'd definitely get something in writing regarding the zoning before you move forward with the deal. Good luck!!