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4ren6
4ren6, Forensics/CSI
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Can a homebuilder that buys 2 lots of a subdivision ...

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Can a homebuilder that buys 2 lots of a subdivision and subsequently builds a road in that subdivision compell the owners of the other lots to share the cost for the installation of the road? The builder cites mgl chapter 84 section 12 as the basis of this request.
Submitted: 6 years ago.
Category: Legal
Expert:  4ren6 replied 6 years ago.

Only if all of you agree to do so. As I read the code it states 3 or more. This is also quoting for repairs and not building. You need to attend and state your clear statement that this is not anything you wish to be part of. Most often the Home Builder themselves must incurred paving of roads and cost associated to improve them. That is if he is the developer. But as I read the codes it takes 3 to be able to do what he is asking.

http://www.mass.gov/legis/laws/mgl/84-12.htm

Customer: replied 6 years ago.
Reply to 4ren6's Post: Let me clarify something to see if your opinion changes. While this guy is a developer and has a company name, he purchased one lot in his name, one lot in his business partners name and convinced another existing lot owner to join them in their pursuit for compensation of building the road. So on the request for the meeting there are three people trying to do this. There was a third lot they purchased under the company name, that one has been built and sold as far as I am aware, but because it was on the corner of another road, it was exempt from the need to have the road put in to be able to develop it.

I guess the real question here is does this law cover the building of a road that did not exist? There was an old subdivision plan dating back to 1977 that showed a road, but it was never built. There was a partial gravel road that was constructed by the neighbor accross from our lot as he was able to get a variance and build 15 years ago. He has lived there now for 15 years and these guys want him to pay 30k for installing a new road over the gravel road he had. I read the law as a repair not construction, but can they come back and say it was a paper road and that it needed repairs?

If we do end up needing to retain an attorney I would like to discuss the matter with you. I will accept your answer and leave you good feedback so you can get paid, but if you want to include your phone number (assuming you are allowed to)we can discuss this further to see what steps make the most sense. Also, if you cannot participate and know someone who can let me know.

Thanks,
Stephanie
Expert:  4ren6 replied 6 years ago.
The statute/code states three people. So yes, if this particular code does indeed apply then it appears to be a go. However, I would still go to the meeting with an attorney and stress your concerns on how this came about being done. It is placing an undue burden on you and others. The developer/buyer or county should pay the cost for the road. If you or others do not gain benefit from you contest the request. Please let me know if I may further assist you.
4ren6, Forensics/CSI
Category: Legal
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