House has undeeded inlaw suite/addition?

Question

Hi guys,

I am looking to buy my first property. Of course I couldn't buy a normal property I needed something to give me anxiety.

The property is located in Anne Arundel County Maryland. The property is a 4/3, finished basemen(unit a). It has an addition of a 2 br 1 ba that shares of a roof but does not share a wall (we will call it unit b). The property has been separately metered and appears to have separate hvac, plumbing, electric etc.

The work was permitted by the County however the deed makes no mention of the addition. What issues could I run into? My primary concern is the county not permitting a second "dwelling" and making me remove a kitchen or bathroom in unit b. Hoping BP can help. Welcome to message me directly for more info as I don't know if I can post specifics here.

Malcolm Lawson · Answer

I agree with @Russell Brazil , the zoning is a concern.  Mayland does not have zoning for multi units in very many places.  I am willing to bet this is labelled an in-law suite because of the zoning.  My understanding is this means you can rent it out while you live there but when you move out you are not supposed to rent it out as two separate units.  I am sure you can find a tenant who is looking for an in-law suite for an elderly relative or younger teenager.

Russell Brazil · Answer

The deed has no bearing here.  I dont even think deeds mention whats on the property.

The issue here is how can this property be financed.  If it is zoned for 2 units, you should be ok.  However if it is not zoned for 2 units, or have a zoning exception then the 2 units need to have interior access between the 2 units via a door. Then you will just need to remove the stove.  If the zoning doesnt line up, and there is no interior access between the 2 units, the property will not be able to be financed with conventional financing.