Eighty Year Old Attempted Subdivision Did Not Create Second Lot

The determination by the local building inspector that a 1928 "subdivision" did not create two lots was upheld by the Appellate Division. In Matter of Rusciano v. Ross the court noted that the lot in question was originally a single lot but in 1928 the then owner sold off a portion of the property. However, a subdivision map was never filed and the lots created in 1928 were not zoning compliant.

The court found that by 1948 the two lots, known as 6 and 6A, were again in single ownership. The petitioner then acquired the lots by deed with a single description in 1971, but the deed also referred to lots 6 and 6A. Although, the lots continued to be designated as lot 6 and lot 6A and they were taxed separately by the assessor, they continued in single ownership with lot 6 containing a house and lot 6A containing an accessory storage shed. The court upheld the determination that the lots were merged, finding that there was a rational basis for the determination of the zoning board in upholding the building inspector's interpretation.

-Steven Silverberg