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Name:   JKeane - Email Member
Subject:   Building a guest house on property
Date:   7/1/2023 9:39:34 PM

I am thinking of purchasing a lot in Dadeville on Lake Martin in an area with no HOA.  Are you allowed to build a primary home and a guest house on the same property?





Name:   MrHodja - Email Member
Subject:   Building a guest house on property
Date:   7/1/2023 10:48:30 PM

May depend on Alabama Power rules, which we were told is a single residence on a property. That being said, we were also told that a residence is anything under a single contiguous roof, and as long as the guest house is connected to the main house by a covered walkway it is considered a single residence.  Check with the Alabama Power shoreline management folks in Dadeville to make sure. 





Name:   Rooster - Email Member
Subject:   Building a guest house on property
Date:   7/4/2023 2:46:28 PM

Just found out my neighbor has his home for sale in Lakeview Heights just off Madwin.  Nice home with apt detached from main house.  





Name:   JKeane - Email Member
Subject:   Building a guest house on property
Date:   7/4/2023 3:41:10 PM

Thanks for the feedback. I have reached out to the Alabama Power Authority to see what they have to say. 





Name:   Lifer - Email Member
Subject:   Building a guest house on property
Date:   7/4/2023 7:28:36 PM

If Alabama Power ever owned it, it was most likely sold with a Deed Restriction of one dwelling only.  It is easy enough to check your deed and see what it says.  If it doesn't list restrictions then there are none.  There should be a copy in your mortgage/closing papers on the lot/land.





Name:   lakngulf - Email Member
Subject:   Building a guest house on property
Date:   7/5/2023 7:58:48 AM

I think Alabama Power is more strict with the shoreline and 30 ft portion of those deeds that what lies behind the houses





Name:   Lifer - Email Member
Subject:   Building a guest house on property
Date:   7/5/2023 8:07:15 AM

True, but they also have Single dwelling restrictions on most lots they sell.





Name:   JKeane - Email Member
Subject:   Building a guest house on property
Date:   7/6/2023 9:23:27 AM

My lot is zoned as a single dwelling by Alabama Power. The question is the definition of a single dwelling. If the main house and the guest house are on the same utilities and septic tank and share a walkway, is it considered a single dwelling?

 

John





Name:   Lifer - Email Member
Subject:   Building a guest house on property
Date:   7/6/2023 1:24:36 PM

That is a question for APCO Legal/Real Estate if in fact single dwellingis not defined within the deed itself.  My personal take is they have been doing it a long time and are serious enough to restrict the deed so I would bet they have addressed it before.  I don't know if a walkway connecting the two places would be considered one roof or not, but I lean not. But my opinion matters not one whit so if you can't read/understand the deed take it to a lawyer for interpretation.

 





Name:   Crimson4Lif - Email Member
Subject:   Building a guest house on property
Date:   7/12/2023 5:01:49 PM

Really interested in what defines a single dwelling.  I am in the anchor bay area so all old lots are either tear downs or already been tore down and rebuilt.  So in our slu there was an old cabin and recently was demolished and a house rebuilt.  I kick myself for not checking into buying it.  Was vacant and run down for years. I was always told our lot could only have 1 dwelling.  We have a huge lot (about 1.7 acres) and a huge family so more than one house would work great for us but never persued it because of the rule.  This new house was built with a regular house and and has a shingle covered walkway from house to the "guest house".  I was told a dwelling was defined as a builiding that had only 1 kitchen and 1 common area.  So if you had 2 houses then 1 could not have a kitchen in it.  Maybe their guest house does not have a kitchen in it but I know from seeing in that it has a big room on the front facing the water.  So it definitely has a common area.  In the mentioning of the walkway connecting.....I wonder if that is the loop hole to get around it.  That would work great for us.  Would love to know what Ala Power has to say.





Name:   JKeane - Email Member
Subject:   Building a guest house on property
Date:   7/12/2023 5:36:50 PM

Here is what I have found out so far.

I wrote to Alabama Power and they responded with "Hi John,

Here at Alabama Power, we only deal with shoreline permits for building things like docks, seawalls, etc. You will need to contact someone else concerning building permits  for houses and such. I think the Tallapoosa County Building department can point you in the right direction. Their number is 256-825-1002. Also, here is a link to FAQ's https://tallaco.com/content.asp?id=80527"
 
So I then called Tallapoosa County Building Department and they said they have no rules around single dewelling homes, that I should check with my HOA.  Like you my lot is in an older section of the lake with no HOA.  We are seeing a lot of tierdowns rirght now with new homes being built.  
 
So I then reached out to an attorney to ask about what is th defination of a single dwelling.   Here is our exchange.  
 
My emial:  

I recently purchased Lot 4 . This LOT has no HOA.

We are in the process of working with a designer to build our primary home on this lot. I am hoping to build a guest home on the same lot about three years after the primary home is completed. The deed restriction says, "only a single dwelling may be built on real property, said property may not be subdivided and at no time…"

Everyone I have spoken with has a different definition of what a single dwelling means. We don't want to subdivide the property. We can even have our primary home and guest home share all utilities and septic if required.

 

  Here is the lawyers response. 

We actually did the deed for the lot next to your lot and this is what we had on our deed – so it looks like you can.  

 

The property shall not be subdivided and shall contain only one single family residential structure, exclusive of attached living quarters for relatives or guests, open porches, open breezeways, garages, carports, basements, boat houses, piers, or other outbuildings used for storage, etc.

 

No mobile home, including single and double wide trailers, tent, shack, barn, outbuilding, or other structure of a temporary charter, shall be used on this property at any time as residence, either temporary or permanent. A camping trailer, camper, or recreational vehicle may not be used for living purposes on the property.

 

 





Name:   JKeane - Email Member
Subject:   Building a guest house on property
Date:   7/12/2023 5:38:03 PM

BUT please dont use my message to assume you can build a guest home.  Please reachout to a lawyer to ensure you can build on your lot.

 









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