Legal Question in Real Estate Law in California

I want to combine two adjacent parcels into one. My tax base is very low on my existing parcel (Single Family Home), the new parcel (an adjacent empty lot) I'm buying will have a higher one. Under prop 8, how will the new tax base be calculated for the combined property?


Asked on 10/11/09, 8:44 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Why combine the two? As long as the adjacent lot was legally subdivided before a certain date or had always been a separate lot, even if it does not meet the current square footage requirement for consructing a new house on it, it can still be grandfathered in. A lot that can be built upon plus another lot with a house already on it are worth much more than a house with an extra large yard [even if it could be built upon, the requirements and costs to split the two lots reduces the value]. Whether or not they are two or one lot, you personally can use the land(s) exactly the same.

The tax assessor clearly places a greater value on a house as opposed to a lot. So your current value for your lot with a house is much higher than for the bare lot you are buying. When you sell the two, for capital gain purposes the lot will have a much higher cost basis then your current house/lot. You also get a $250,000 deduction form the capital gains tax for your own residence. If you plan on selling both properties soon and your unprotected capital gains will exceed $250,000, then combining the two would make sense.

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Answered on 10/12/09, 3:05 am


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