I have a question about farm land v's residential land. Oakham Ma

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Customer: I have a question about farm land v's residential land
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no
JA: Where is the farm land located?
Customer: Oakham Ma
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Answered by Kimora Pope in 3 hours 3 years ago
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Kimora Pope
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Customer
if someone has over 50 acres of land (in Oakham MA), which is currently all zoned as farm land, and they want to take 3 of those acres and give(or sell) that land to someone, does the receiving party then have to have a mortgage in place and all the construction info and things done so that they can prove that it will be used for residential or can they receive the land and put it in residential without any proof that they will use it for residential (i.e. have a mortgage in place and be ready to build etc..)
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Kimora Pope, Expert

Hello. I am KimP. I have practiced law over 20 years.

Whomever buys whatever land must make sure it is z'oned for whatever use they have.

The mortgage has nothing to do with the use, it doesn't depend on the use.

The user of the land must contact the local county to make sure they can use the property how they want or they must apply to the county for a variance.

Customer
Ok so the land does not have to have a house on it or have construction of a house in the works to qualify as residential correct? Its all about zoning
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Kimora Pope, Expert

It’s all about the zoning. You must contact your county about that
Customer
Also is there a process to switch that one parcel of land out from farming to residential? How does that part work? I am just trying to get an idea of process my husband is getting 3 acres from his sister, but she verbally said the we have to have our mortgage in place first in order to switch that piece of land from farming to residential.... I think she is just putting her own contingencies on it because she really doesn't want him to have any land … very long story but their dad fell ill a long time ago and is no longer competent from an injury so they inherited it, when they were younger she made my husband sign his rights over because he was just a young teen at the time ...now out of over 50 acres she said he can have 3 but only if we have good credit, get a mortage ready etc.. I think she is just trying to set him up for failure becuase she doesnt want to give any land to him ... I wish there was something we can do to proove her wrong
Customer
thank you for the info :) most appreciated
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Kimora Pope, Expert

That will be taken as an agreement. If you don’t agree you should call them and talk them you take it back
Customer
well she mad it sound as if she were saying that legally we have to do it that way in order for the land to be considered for residential use, we have to prove it will be by getting the mortgage and building permits and everything
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Kimora Pope, Expert

She sounds shady. NO. You must get the zoning information first.

You don't change or determine zoning by how you use land. That is determined before you get there

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