Transfer of Ownership Restriction Agreement (TORA)

The City has reinstated the use of a Transfer of Ownership Restriction Agreement (TORA) as an option instead of requiring a final plat in certain circumstances. A TORA is an agreement where the property owner agrees that two or more lots will always be sold together. This will allow multiple lots to serve as one premises for the purpose of a building permit. A TORA may be helpful, for example, when a property owner has one or more buildings that cross lot lines. Previously, the City required the lots be combined into one lot by a final plat.

The City continues to recommend the final plat as the best solution for the long term as it provides a clean record that can’t be missed in a future sale of the property. However, there are times where a property owner has time constraints and a final plat can take a month or more to complete. The City is providing the TORA as an option to effectively bind multiple lots together as a single premise for the building code review.

Here are some examples of when a TORA could be used:

  • Lot owner has a house on one lot and wants to have a garage on a separate lot,
  • A lot owner has a building that will cross an existing lot line, or
  • A lot owner wants to build an addition, but can’t meet the setback on their lot and wants to use an adjacent lot to provide the setback.

In order to have a TORA approved by the City, first contact the Planning & Development Services Department to see if the TORA is appropriate for the circumstances. If a TORA application is appropriate, then submit the following to the Planning & Development Services Department:

  1. A complete application form- found here: TORAForm.pdf(PDF, 199KB)
  2. Filing fee, paid to the City of Lincoln, for an administrative permit ($247.00 as of October 1, 2025)
  3. Letter of explanation

A sample TORA is provided as an example below. The City will review the application and letter and will provide you with an approved agreement. Two copies of the agreement, both of which are signed by all property owners and notarized, must be returned to Planning and Development Services, along with the Register of Deeds filing fee. Staff will file it with the Register of Deeds. The Register of Deeds fee for filing the agreement is $10.00 for the first page plus $6.00 for every page thereafter. The check must be payable to the Lancaster County Register of Deeds.

If the TORA is a requirement of a building permit, please load a pdf of the TORA signed by the applicant and Planning Director into the “Documents” folder in Project Dox for the building permit.

If you have any questions, please contact the Planning & Development Services Department at 402 -441- 7491.

 

Example TORA 

Application Form

 

 

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