Are grandfather clauses transferable to new owner?

It depends on what type of law you're considering and the specific facts interpreted under that law.

In zoning law, for example, the grandfather clause could apply only to buildings on the property or only the "use" being made of the property, or to both. In many cases a lapse in the grandfathered use would terminate the exception, yet non-conforming buildings might be permitted to stay forever or be upgraded, but not replaced or moved.

Generally, in zoning law, the rules apply to the land regardless of who owns it, or at least that's the way they're supposed to be applied.

Also, some grandfather clauses are superseded by other laws, such as the latest version of the applicable "life safety code" or equivalent. This is because newly defined "dangerous" conditions cannot be allowed to jeopardize public health and safety, regardless of how long the property has been in that condition. These problems frequently surface during change of ownership, when inspections may be performed for various reasons.

First answer by Wutzyerproblem. Last edit by Wutzyerproblem. Contributor trust: 533 [recommend contributor]. Question popularity: 36 [recommend question]