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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 4021
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I recently had a custom house built in a new subdivision where

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I recently had a custom house built in a new subdivision where there were five previous houses built and all were appraised over $400,000, some over $500,000. I spent $470,000 on mine. The developer basically has one contractor who is building in this subdivision. The last two houses built (next to mine) do not belong in this neighborhood. They appraise for less than $400,000 and they are not architecturally attractive at all. All the neighbors are upset about our property values dropping because of this. The builder is working at warp speed to build as many of these inferior houses as possible and we want to know if we can file an injunction of some type to stop the builder from erecting substandard houses until we can agree on how to resolve this problem. Can we recover any loss of value these inferior houses create in our subdivision? The builder is about to pour another slab and we want it stopped immediately until we can explore what options are available to us. We need advice on how to proceed. Thank you.
Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.
The only way that you would be able to seek an injunction to prevent the builders from continuing with their construction is if there is a restrictive covenant in the property deeds which provide for a standard of building that is being violated. Check your deed to see if there is anything mentioning that the houses must conform to a certain look, etc. If you can find this, then you have a lawsuit.

Also, if there was a representation made to you by the developer that the houses in the neighborhood would conform to certain standard and the newly constructed houses are not conforming, then you possibly have a case for misrepresentation or fraudulent inducement.

You need to have one of the above-referenced cases before you can seek an injunction. If there is no restrictive covenant or other representation that you can rely on, then no rights have been violated. However, generally subdivisions will have some sort of standard or representation as to how the houses are supposed to look.

So you likely have a case and can file an injunction. Filing an injunction is a complicated matter. I recommend that you combine with some of the other homeowners and go and hire an attorney to file the injunction for you. The procedures for filing injunctions are very complicated and I would not recommend attempting to file one without an attorney.

Please let me know if you need any further information.

Best regards,
Zachary D. Norris
Zachary, Attorney
Category: Legal
Satisfied Customers: 4021
Experience: Lead trial/International commercial attorney licensed 11 yrs
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