Selling land: Can I combine two lots if someone has Right of First Refusal on one of them?

I fully own two adjoining lots in a residential subdivision in MS. I want to sell the lots and was considering joining the two (plottage) to create one 1/2 acre lot. However, the previous owner has ROFR on one lot. Before attempting to join them, do I need to offer the ROFR lot to the previous owner first? Or does the assemblage negate the ROFR clause?

Thanks in advance!

3 Responses to “Selling land: Can I combine two lots if someone has Right of First Refusal on one of them?”

  1. Casey Y Says:

    If someone has a ROFR, then you cannot change that property in any way without their refusal to purchse. This includes combining it with another property.

  2. TheMan Says:

    Sounds like its close to finals and someone needs help studying. Go talk to your property professor.

  3. Zarg222 Says:

    you would have to go thru a reverse subdivision process to combine lots into one – that probably entails lots of red tape, paperwork and money

    and yes, you OBVIOUSLY have to make that offer to that ROFR person first – in WRITING to protect yourself