Legal Lots:
What is a Legal Lot?
A Legal Lot is commonly defined as a lot that has been created in accordance with the subdivision and other land use laws in affect at the time of its creation.
When were the “old” or historically created Legal Lots created?
Most “old” Legal Lots were created between c.1853 and c.1972.
Is a Legal Lot known by any other title?
Yes, a Legal Lot may also be known by one of the following titles: “lot”, “tract”, “parcel”, “separate lot”, “subdivided lot”, “divided lot”, “platted lot”, “non-platted lot”, “division of land”, “nonconforming lot”, “recorded lots”, unrecorded lot”, and “tax lot”, “largest legal subdivision”, “smallest Legal subdivision”, Government Lot.
Aren’t all lots Legal Lots?
No, governmental agencies do not consider a lot that was created in violation of the prevailing subdivision laws in affect at the time the lot was created as Legal Lot.
Who determines if a lot is a Legal Lot?
Ultimately, the question of Legal Lot Status is officially answered by the applicable jurisdictional governmental agency charged with such land use questions.
Why would I need to know if my lot is a Legal Lot?
Legal Lot Status must be proven for any lot being considered for permit actions including, but not limited to, the following: tax lot segregation, building permit, boundary line adjustment, and subdivision.
How do I establish or prove that I have a Legal Lot?
A Legal Lot Status Review Application needs to include the following, at least:
1) Evidence of the applicable subdivision laws in place at the time of the creation of the
alleged lot; and,
2) Evidence of the fact of creation and subdivision compliance of the alleged lot; and,
3) Evidence of compliance with all pertinent current laws.
Is it important to know the Date of Creation of Old Legal Lots?
Yes. The applicable subdivision laws, certain grandfathered property rights, benefits, and uses are tied to the original Date of Creation.
Tax Lots:
Do all “old” Legal Lots have a current and individual Tax Lot Number?
No. Not necessarily. Any “old” Legal Lot that remains unknown to the Assessor’s Office would not possess an individual tax account/number until that “old” lot was officially recognized by the applicable governmental agencies.
Are all Tax Lots Legal Lots?
No, not all. There are many cases where the County Assessor’s Office has assigned individual tax lot accounts, numbers, and values to individual parcels of land that were not Legal Lots. The Assessor’s Office assigns tax accounts/numbers for its own specific purposes and uses, only. There are many tax Lots that are not Legal Lots.
GCR’s Research, Discovery, and Evidence Production:
How does GCR find historically created “old” / “lost” Legal Lots?
GCR has been involved with researching, discovering, and evidencing historic unrecorded (off-record) and recorded (on-record) property records for 50 years. GCR’s primary research involves historic property records that remain absent (unrecorded/off-record) from usual recorded chain of title documents available from governmental resources and from title companies.
What does GCR mean by “old”/“lost” Legal Lot?
The “old”/“lost” Legal Lot is one that is no longer known to exist.
Why do the governmental agencies or my title company not inform me about my “lost” Legal Lot?
“Old” unrecorded lots are not discoverable under the usual “on-record” research protocols of the title companies. The governmental agencies can’t or won’t spend the effort, time, or funds to discover such facts. They consider it an obligation of the owners to find out.
Does GCR maintain its own records?
GCR has entered vast amounts of its property research information into its exclusive data bases and research archives.
Could I discover my old lots without GCR?
Most old Legal Lots are “off- record”; therefore, they are not generally discoverable through conventional research means.
Why weren’t these old lots recorded in the Recorder’s Office?
Many land divisions were not required to be recorded in the Recorder’s Office prior to c.1974.
Can I lose my rights to my old Legal Lot?
Yes. King County and some of its Cities have already changed their Legal Lot Status Recognition protocols so as to begin to “deny” the continued existence of formerly created old Legal Lots.
Advantages of receiving Legal Lot Status Recognition:
What are some advantages to get my old “lost” lots discovered and recognized?
Advantages to having “lost” Legal Lots recognized are numerous.
Reasons include, but are not limited to, the following:
• Due to today’s restrictive land use and zoning laws, many properties cannot be subdivided. Therefore, the only option to finding an extra lot on one’s property is to discover that it was already subdivided years ago.
• increased property value;
• increased financing or re-financing possibilities;
• increased ability to sell for value;
• gifting the additional lot(s) to a loved one;
• building another home on the property;
• ability to sell individual parcels rather than one single parcel.
If I get approval of my old Legal Lot, will that old subdivision continue to be recognized?
King County Code provides that if government recognition of your lot(s) is obtained under the currently applied Codes, then the County agrees they will always recognize the old lots in the future as legally created lots.
What are vested or “grandfathered” property rights?
Generally, these are rights, benefits, and uses to which a property may be entitled because it was subdivided under past laws.
Usability and Buildability:
Do I need to build a road to use my “lost” lot?
As a rule, only a private driveway is all that is necessary for access to such a lot which is usually installed at the time of new home construction.
What happens if my house crosses the lot lines or occupies more than one of my lots?
In most cases, lot lines can be adjusted so that all lots are useable.
Are all “lost” old Legal Lots buildable?
Not always. But, in most cases, Yes.
Processes, Time, & Fees
How much time does it take for GCR to prepare a Legal Lot Application for governmental review?
Generally, from one (1) to two (2) weeks.
How much time does it usually take for the governmental Legal Lot Status Review?
Generally, it takes King County about thirty (30) days to review, determine, and issue its Letter of Legal Lot Status Determination. City jurisdictions in King County usually take about two (2) months.
How much does GCR charge and when are the fees due?
GCR fees are generally relative to the approximate increase in values brought to the property.
GCR fees are contingent fees. Therefore, they are payable only if the lots applied for are recognized and approved by the appropriate governmental jurisdictions.
How are GCR fees payable?
GCR fees are payable only if GCR is successful in obtaining governmental approval of your underlying lots. While GCR prefers its fees be paid COD, various other options are available. Other options include, but are not limited to, the following: payment at the time of sale of the property or a portion of the property, and/or at some fixed date in the future, or on some other form of deferred payment plan, or “other” as necessary.
How much are the governmental review fees and when are the fees due?
Governmental Review Fees vary from jurisdiction to jurisdiction. King County seems to average about $2,000.00 for its Review.
More Questions? Contact Us