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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34811
Experience:  16 years real estate, Realtor. Landlord 26 years
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The Developer and Sales/Broker sold us a lot with driveway

Customer Question

The Developer and Sales/Broker sold us a lot with driveway roughed in and septic in 2002, we surveyed it twice and built with approvel of this developer who was also the Architecural Control chair in the Dev in 2002. Everything was fine.
In 2009 the same Develolper/Broker annexed a piece of land adjacent to our lot, and to sell the immediate lot which had its own cut drive, he nonetheless asked us if we would share a driveway with this new owner. We said no, the same broker/developer approached each my husband and I separately with a consideration of $3K to share the drive, we declined and indicated they have their own designated drive and no one in the Association of 50+ owners shares a drive. Now this owner has cited some landscaping as encroachment (rocks and pernnials) so we abandoned them, he pursued with an encroachment where we have to drive over 3' x6' piece of their lot when a propane truck or snow plow comes in. They are threatening us, what can we do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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The developer is simply trying to bully you and you can pretty safely ignore him. If he tried to sue you for encroaching on the lot next door, you can countersue him based on "estoppel" since he is the one who came up with the boundaries for your lot. Estoppel is a legal doctrine where if A takes a position (for example, lot boundaries) and B relies on that position (i.e. purchases the lot to build on with permission), then A is prevented from then later changing their position if it would harm B.

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So he made your lot and now he can't cry foul if you have to cross over his due to the way that he set it up and approved your construction.

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But you may have to contact a local real estate attorney to send him a "cease and desist" letter threatening to sue him for harassment if he continues his actions. Most times, that will cause the developer to give up and go bother someone else.

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thanks

Barrister

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