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Grandfather Clause Land

Posted by Legal Information in March 10th 2008  

My step father had land with grandfather clause and operating business. He died, left my mother. His son operates business. There is mortgage. Does the property have to be inherited, to keep the clause, or can she sell it to the step son, and clause remain in effect?

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under: Wills & Estates, Real Estate Law, Business Law, Real Estate, Home Buying and Selling, Grandfather Law

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8 Answer

mygif
George Said,
March 10th, 2008 @4:33 pm  

What is the grandfather clause in this matter?

mygif
Grandfather Clause Said,
March 10th, 2008 @8:13 pm  

Dirt/rock sell, area to store and/or sell, and trucks/trucking for hauling such.

mygif
George Said,
March 10th, 2008 @9:35 pm  

I am guessing the the property zoning has since changed to bar the storing of trucks and dirt…

mygif
Kimberly Said,
March 10th, 2008 @9:53 pm  

I don’t think it really matters. Is the business still a functioning business?

mygif
Grandfather Clause Said,
March 10th, 2008 @10:35 pm  

It has never been zoned for that, but business remained based on the clause. The business is functioning on property by the step son, who is not on the title. If she sells to step son, will clause remain, or does it have to be inherited?

mygif
Grandfather Clause Said,
March 10th, 2008 @11:12 pm  

I should have said, when zoning laws went into effect, it was never zoned for the business, but grandfathered in at that time. It was/is zoned ag.

mygif
Grandfather Clause Said,
March 14th, 2008 @5:22 pm  

Hello?
Can it be sold to step son with clause remain in effect?
Or can clause only be inherited?

mygif
Grandfather Clause Said,
March 25th, 2008 @10:23 pm  

Hello???????
I wrote this a long time ago, and no one has ever answered my question. Do I need to resend the question, or how does this work? I have now asked you, my county, and an attorney locally, and have yet to get an answer from any! Can you PLEASE let me know if it’s tied to to the land, or inherited??? That’s all I need to know, but I need to know soon. My Mom wants to put her property up for sale, and this clause, if it can be sold, will make a huge difference in the value!

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