The 19.6-Acre EFU Parcel That the Neighbor Split
A buyer is under contract to purchase a 19.6-acre parcel in unincorporated Marion County zoned Exclusive Farm Use (EFU) for $310,000. The buyer plans to build one home, keep six goats, and later split the parcel into two 9.8-acre lots to sell one to a friend. The seller's listing says 'buildable-neighbor split his land.' The buyer's agent notes the parcel was created by deed in 1998 and has no dwelling. The county's EFU minimum lot size is 80 acres; the parcel is not inside a designated urban growth boundary. The buyer has a 10-day inspection and feasibility contingency and asks the agent whether the plan is feasible before removing contingencies.
1. What land-use approvals or limits affect (a) building one dwelling and (b) splitting the parcel into two 9.8-acre lots?
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- Splitting the parcel is the bigger problem. In an EFU zone with an 80-acre minimum, a 19.6-acre parcel cannot simply be partitioned into two 9.8-acre lots. That would create illegal sub-minimum parcels and likely require a county variance or other land-use approval that is not routinely granted.
- One dwelling may be possible, but not automatically. The parcel was created in 1998, so the county must verify whether it qualifies as a lawfully created lot of record for a single-family dwelling under its EFU standards. A dwelling is not guaranteed just because the parcel exists or because a neighbor did something similar.
- The neighbor's split is not evidence of legality. It may have been approved under different facts, before current standards, or unlawfully. The agent should not repeat the listing's 'buildable' claim as fact.
- Measure 49 is not a shortcut. It addressed certain Measure 37 claims; it does not convert an EFU parcel into a subdivision opportunity.
2. What due diligence should the agent recommend before the contingency deadline?
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The agent should recommend written verification from Marion County Planning before any contingency is removed:
- A zoning verification letter or pre-application meeting confirming the EFU designation, minimum parcel size, and whether the parcel is a legal lot of record for a dwelling.
- Confirmation of whether any partition or dwelling approval exists in the county file, and whether prior approvals run with the land.
- Septic and well feasibility because farm parcels often fail conventional systems; a failed site can defeat the house plan even if zoning allows it.
- Survey and title review to confirm the 19.6 acres, legal access, and any easements or deed restrictions.
- A written feasibility contingency in the contract so the buyer can terminate and recover earnest money if the county will not approve the intended use.
3. How should the agent advise the buyer contractually and ethically?
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The agent should separate what is known from what is assumed. The agent can say: 'The listing says buildable, but that is the seller's statement; the county controls whether a dwelling or partition is allowed.' The agent should not promise that the buyer can split the land or build.
Contractually, the buyer should keep the feasibility contingency in force until written county verification is received. If the county confirms that only one dwelling may be possible and no partition, the buyer can either renegotiate price based on the actual use or terminate within the contingency period. If the buyer removes the contingency based only on the neighbor's example, the buyer bears the risk of an unbuildable or unsplittable parcel.