Expert: Dick Dennis - 3/20/2008

Question
Hello Dick.

I currently own a duplex building. I live in side "A" and i rent out side "B" next door. Both sides are just one floor each. Both sides are almost the same square footage (1000 sq ft each), but with a different room/kitchen/bath/bedroom layout. The basement is only accessible from side "A" and it is only a half-basement, meaning: there is a half-basement under side "A", and half-basement under side "B". The rest is crawl space. All utilities, gas, water and electric come into side "A" and then tee off to side "B". The waste line from "B" joins "A" in the basement. My (first) question is: do i have to separate all of these utilities in order to sell one side or all of the duplex? Do i need to have a new gas, water, waste line and electric service run to side "B" (therefore giving "B" it's own meters) in order to sell it? Or, can a party/common wall agreement be made for the potential buyer/s to agree to "sharing" utilities?

I am currently looking into getting a new gas service and electrical service installed into side "B", the main problem is the extreme cost of getting a new water and waste line for side "B" (due to location). Can this be left intact and sold in an "as is" condition? Are there any real estate laws against doing this?

Many thanks for all of your help.

Lee
Denver, CO

Answer
Most likely, Lee, there is a local law not permitting the splitting of a duplex, especially if there is a common wall. Condos have common walls, but those walls are specially constructed. My guess that does not apply to your property. You should check with the city or county zoning and/or planning department to see how you can do what you are trying to do. However, you should have no problem selling the whole property as a duplex. I recommend you ask the zoning/planning department if there is any requirement as to the utilities and services prior to selling. I wish you well.

Dick Dennis    dixiedee13@aol.com