Dividing your own land

1 Reply

Hi everyone,

I own 5 acres of land outright and I want to put it to some use. My original plan with the land was to build a primary residence/shop on it because I like the location and got a good deal per acre. I've since gotten engaged and don't want to move a new bride into a makeshift apartment in a pole barn style shop but the price of building a shop and house of any size, currently, will "overbuild" the value of the location of the land so I've opted to just having a shop and buying a house in town. 

Here's the issue/question: I feel like I'm leaving a lot of money just sitting in this land.

Does anyone know about the possibility or legality of fencing off a 1/4 to 1/2 acre of the land and putting a mobile home/ tiny home for rental use? 

How would I legally keep tenants from entering the remainder of the land that would be for my use only?

Would I need to subdivide my land or could I include it in the contract between the tenants and me? 

I know I'd need permits to add an additional driveway over the drainage ditch between the road and I've already contacted contractors and the county for water and septic information so my main concern is the separation of the land I want to keep using from the tenants. 

Any additional information that I may not be considering is appreciated!

Our primary residence is actually as you describe -- the pole barn with apartment was built first with the "house" (mobile set as real property) added later.    This is very common in my rural area.

As long as you are not legally subdividing the land, you should be fine.  The capacity of the septic is what determines occupancy.   In my zoning area, the tracts are 5 acres minimum, so we could not fence off a smaller portion and sell that land, but renting it out is fine.  In fact, we did this when we bought our hobby farm in 2011 and were out of state LLs.  We rented out the house and used the pole barn apartment as "recreation property".  Our pole barn apartment is very nice -- 2 bedrooms, 1 1/2 baths, washer, dryer and dishwasher.   Nothing make-shift about it.   We  have since moved into the larger house and use the pole barn apartment as an AirBnB.  

Does your fiance realize that she is marrying a real estate investor?   Get her to help build the apartment, to make sure she is worthy to be called a Landlord's wife!  Never marry anyone who cannot handle a paint brush and lay Allure flooring!

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