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User Stats

16
Posts
7
Votes
Nick Maynard
  • Property Manager
  • Saco, ME
7
Votes |
16
Posts

Maine LD 2003 Program - Can you sell the second home built through this program?

Nick Maynard
  • Property Manager
  • Saco, ME
Posted

I'm considering buying a property in Southern Maine that is about 5,000 sq ft too small to legally subdivide per the town's zoning rules. I was told about the LD 2003 program which allows property owners to build a second home on the property and it will not be considered an ADU. One of my biggest questions is could I sell that second house on its own once it's built? Would it just be like a condo at that point? Or do you need to sell the entire property together with both houses? I read a bunch of the guidance online but I can't tell exactly how the property is classified once this has been done. Ideally I'd like to buy the property, build another house in the large back yard which has access to a neighboring street for a driveway (also not sure if that would be allowed), and then sell that house completely separately. Wondering if anybody has done something similar through this legislation before.

User Stats

84
Posts
40
Votes
Patrick McCann
Pro Member
  • Realtor
  • New Hampshire
40
Votes |
84
Posts
Patrick McCann
Pro Member
  • Realtor
  • New Hampshire
Replied

could try reaching out to some of the people and resources on this site 
About Us | Workforce Housing Coalition of the Greater Seacoast (seacoastwhc.org). I went to a development walkthrough event with them in Dover, NH recently and some of the people involved are in Maine.

  • Patrick McCann
  • User Stats

    16
    Posts
    7
    Votes
    Nick Maynard
    • Property Manager
    • Saco, ME
    7
    Votes |
    16
    Posts
    Nick Maynard
    • Property Manager
    • Saco, ME
    Replied

    Thank you! @Patrick McCann

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    User Stats

    84
    Posts
    40
    Votes
    Patrick McCann
    Pro Member
    • Realtor
    • New Hampshire
    40
    Votes |
    84
    Posts
    Patrick McCann
    Pro Member
    • Realtor
    • New Hampshire
    Replied
    Quote from @Nick Maynard:

    Thank you! @Patrick McCann


     Hey Nick, were you able to get in contact with anyone and were they helpful at all in the situation?

  • Patrick McCann
  • User Stats

    16
    Posts
    7
    Votes
    Nick Maynard
    • Property Manager
    • Saco, ME
    7
    Votes |
    16
    Posts
    Nick Maynard
    • Property Manager
    • Saco, ME
    Replied
    Quote from @Patrick McCann:
    Quote from @Nick Maynard:

    Thank you! @Patrick McCann


     Hey Nick, were you able to get in contact with anyone and were they helpful at all in the situation?


    Hey Patrick, I actually ended up just meeting with my town's code enforcement officer and confirming everything with him. 3 other people in my town have used this program so far to build separate houses on their lots, so he had some experience with seeing the process through. As long as the new house meets all of the town's zoning requirements, he said that we could indeed build a second house on the lot and it would be treated essentially as a condo. We could sell that house by itself, but it would be sold under a land in common agreement and an HOA would need to be formed.

    I also confirmed with the Public Works department that a 2nd driveway can go in, with a septic designer that there's room for second septic tank, and with the public water company that they can tap into the main water line from one of the neighboring roads.

    I'm sure there are some more details that I would need to iron out that the code officer didn't bring up, but the high level answer I was looking for is that my town does allow selling off a second house under the LD 2003 legislation.