Impossible task?

37chief · Jan 29, 2013

I just started the process of splitting the property Mom left my brother and my self. Now the city wants to see the building permits on the two houses on the place. One built in the 60's no problem. Now the other one built around 1889. Did they ever require building permits back then. I know each state is different. I am in Calif. How can I find something like this? Stan

wolfman · Jan 29, 2013

Anything before 1935 is "grandfathered in".

wolfman · Jan 29, 2013

Anything before 1935 is "grandfathered in".

Larry NEIL · Jan 29, 2013

You might tell that since they hold all the records, they should look iot up themselves!

Janicholson · Jan 29, 2013

The house will be listed as part of a property on the Deed. There will be no other documentation. Jim

showcrop · Jan 29, 2013

There is no universal date for "grandfathering". Something that is grandfathered predates whatever is the enacting date of the law covering the issue. What you need to do is research or hire to have researched, when building permits were legislated into effect by the authority having jurisdiction. It looks like in your situation it is the city. Any builder/remodeler has probably already paid to have it researched.

ShadetreeRet · Jan 29, 2013

Lord knows, Larry, I know it makes you want to say that, but now ain't the time to say anything that would create any ill will at all. I seriously doubt if any kind of permit was required that long ago, and once the situation is explained to them they should drop it.

ErnieD · Jan 29, 2013

Can you get a certificate of compliance from the building department?

Could the buyers attorney be asking for the permits? Seems to me the building department should have a copy of permits issued.

Old Bob · Jan 29, 2013

Dont be burning any bridges. You want to act like a choir boy in Sunday School.

Pops1532 · Jan 29, 2013

Why do they want to see the permits? Not sure why they would need THAT info. Legal description, proposed use (zoning), survey showing setbacks, etc yes, but building permits? I just don't see any logic in that unless they're hoping the permit and related paperwork will show the setbacks, septic locations, etc.
It would help to know what info they are hoping to find with the permits.

Unlikely a permit was required in 1889. Permits are issued by whatever jurisdiction the houses were built in. Could be city, could be county. Probably the same jurisdiction that you're dealing with.

My BIL bought 7 acres with the idea of splitting it into 3 lots. He had to hire a lawyer and the county made him jump through some hoops but he got it done. You may end up having to hire a lawyer that specializes in real estate issues.
Good luck!
Pops

504 · Jan 29, 2013

Pay a Realtor for a sit down meeting, they can tell you what you need and where to find it. It will be the cheapest $100.00 you ever spent.

MSD · Jan 29, 2013

Sometimes the messengers aren't the sharpest knife in the drawer when you deal with government agencies like that. I would ask to talk to somebody a little higher up the chain and see if you get a different story. I went through the same thing almost every time I wanted to do a project and finally found a lady who was at the top that gave me the right answers without getting jerked around with the lower staff members. Some of them just want o show they have some authority.

320B · Jan 29, 2013

My brother found alot of information on his place at the local library. The year the original family bought the land, how long it took them to clear the land to start farming it, when they started building the house and when it was completed. He also got a copy of a picture of that family and the house just after completion which I think was the around 1890.

Traditional Farmer · Jan 30, 2013

I doubt they had building permits back then as in my area is a county by county requiement and some counies didn't require building permits until the
1980's.Get a real estate lawyer that is familar with
your county to do the work

JOB · Jan 30, 2013

If permits were required back then the city or county should have a copy or record of the permit. I would bet your memory doesn't remember things you did 120 plus years ago.

Bret4207 · Jan 30, 2013

My first thought was "Who in the world keeps a building permit for 50-100 years?" The I see it's California. That answers all my other questions about what kind of lame brained bureaucrat would be delving into building permits over a subdivision of land.

Can't help you sir, best of luck.

ericlb · Jan 30, 2013

sounds to me like some city half wit is following a division practice for a modern subdivision, not taking into effect the age of the buildings in this case, i seriously doubt the19th century home ever had a permit, out here they wernt even required in the 60's in the next town, people built what they wanted and it still shows today lol they did start requiring all the paperwork in the mid 70's however, and it stopped all the 50's and 60's rv's with 2x4 add ons, with tin roofs being put up for vacation homes, now ya got to build a house , id see if you cant take this case a little farther up the city hall ladder and see if you can find somebody with half his brains still active

Hay hay hay · Jan 30, 2013

Just try explaining the situation. The clerk is just doing as they were taught to handle routine situations. Ask her how to handle it....she will go to her supervisor....who will go to her supervisor.

It will eventually get handled.

Hey, at least they are working.

Blackhole49 · Jan 30, 2013

In MI the city or township is required to keep residential permit and plans 10 years. As far as I know, there is no requirement for the homeowner to keep them at all. Tell them to find them themselves.

W_B · Jan 30, 2013

I built a new house in a rural township in 1992, although not far from the county seat, and it didn't require any building permit, EXCEPT for the drain tile under the driveway at the road. I suppose they didn't want clowns either blocking the drainage ditches or putting in too small of a pipe and causing problems for the whole drainage area. Otherwise they could care less what you did. Of course the bank who had the construction loan regularly inspected the progress to pay out the draws for the contractors. No county or state inspections at all were required, I did most of the electrical but had a former head of the electricians union look at it. He said I did a better job than most of the journeymen in his local.

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