The property includes 2 houses and the township wants 1 tore down. The township claims they will not allow the sale of the property until the rental house is tore down. The township also won't let the houses be sold separately due to not having 2 acres of land per house
A township in Wisconsin has several ways to control land use. It is possible that a town may have created regulations about how many houses per parcel or how many houses per acre are allowed. There are variables and rules that consulting surrounding this scenario, including whether your second house on the property existed before the town created the rule, that consulting a real estate (or specifically, land use) attorney would prove very useful to you.
If your second structure is not a 'permitted use' there are consequences: it will affect your duties to disclose, you may have to sell as-is with a quit claim deed, or you may have to tear down the second structure, all of which will drastically affect your sale price, but your town shouldn't be able to block the transfer or sale of the land altogether. No matter the result, selling your property will be more complicated. A real estate attorney can help you with the details, but so might a very good broker/real estate agent for the standard listing fee.
The first post is correct. A town would not attempt to stop a sale-but the regulations and attempts to enforce an ordinance will have an effect on what the buyer can do with the property and what additional cost would be involved and that might stop a sale indirectly. See a real estate lawyer in your area to see just what regulations appear enforceable.
Unless and until you and I agree in writing, I am not your attorney. This response is for general information purposes only.
The town cannot directly prevent the sale of an existing parcel of land, but it can prevent you from splitting it into 2 lots (to sell separately) if it has an ordinance in place requiring, for example, 2 acre minimum lots. It can also take enforcement action against any current illegality. Make sure the town actually has an ordinance that would make the lot split illegal. Note that the county land division rules will also apply in a town, and there could also be extraterritorial regulation by a nearby city or village. My colleagues are correct that an illegal condition on the property (or even a legal grandfathered use) is likely to make it harder to sell in any event. You might want to consult with a land use lawyer, as there are a number of potential options depending on what the applicable ordinances say.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline