can you sell driveway/garage seperate from a house in massachutts

5 Replies

I saw a listing for a multi family in Massachusetts for a multi family and one of the disclosures was that the driveway and garage are not included in the sale they would be a separate sale.  Since the driveway and garage are on the property card as part of that parcel and you could not sub divide the property to make those a separate parcel could you legally sell the driveway/garage separate?

I know the listing you’re referencing. It’s because that garage is adjacent to the property and a lot of people assume it’s attached to the land when it’s a separate property. 

Answer to your question is typically not but in this case that structure is completely independent. 

According to the deed, town assessors office and town GIS maps the garage, driveway and house are all on the same plot. And you would not be able to subdivide because the driveway/garage would be non conforming because it lacks the required frontage and square footage. And if you can't subdivide i don't think it would be legal and if it was it would create a tax problem for the buyer since they would have to still pay tax on something the seller owns.

@Lien Vuong
what town is the property you talking about in? I am not sure it is the same property

I am still waiting to hear back from the listing agent on this.

So according to the listing agent the seller wants to keep the driveway and garage for some reason even though the seller lives over a mile away. if they sell the driveway and garage it is and extra 200k.  The property is not subdivided but they think they can subdivide it even though the resulting properties would lack the required frontage and square footage. It was initially on as one price then 3 days later the lowered it by 200k and put that the driveway/garage are separate sale. The whole thing seems a little fishy to me like they are trying to attract buyers at a lower price and they jack the price by 200k if you want the whole property.  What I wonder is if they get a buyer who doesn't want it and then they go ahead and the town says that they will not subdivide it what happens?  Can they back out of the deal because they would have to give the whole property at a price they  dont like?

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