Home -> Law Blog Directory -> Real Estate & Property Law Blogs -> New York Zoning and Municipal Law Blog

Real Estate & Property Law

: New York Zoning and Municipal Law Blog

Notation On Subdivision Map Inadequate To Preclude Development of Lots

By Steven Silverberg and Katherine Zalantis

The Appellate Division concluded that a notation on a subdivision map "not approved for building lots" was inadequate to place a purchaser on notice that there was an intention to maintain the two lots in question as undeveloped space. In Matter of Fuentes v. Planning Board of the Village of Woodbury, the petitioner had purchased two lots in a tax sale, with the only notation on the filed subdivision map being " not approved for building lots." Thereafter, petitioner sought permission to build on the lots. The planning board denied the application finding that the original subdivision was a cluster layout and that the two lots in question were intended to be maintained as permanent open space. The Court noted that the minutes of the original subdivision approval reflected the intended restriction on the lots...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on March 14, 2011 (boomark / email).