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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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I have bought a piece of land with road access but the promoter

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I have bought a piece of land with road access but the promoter has not provided road access on the land. In fact the "road" is impassable.

He will not provide road access for some years.

Whilst I am building I am renting a room from him.

Can I legally with hold rent from him in order to force him to build my road access?

Hi, My name is XXXXX XXXXX my goal is to provided you with Excellent Service,

 

 

I am so sorry to hear about your road situation (or, lack thereof),

 

I do not think it would be a good idea to withhold any rent because he will have the right to evict you for nonpayment of rent. The access road which you definitely need for your property is a contract which is separate and apart and unrelated to your rental contract for a room from this individual. Since the two contracts are totally unrelated, the law does not allow you to offset one in order to acquire something under the other contract,

 

 

I realize that this is not exactly the Answer you were hoping for and it would have given me great pleasure to give you the Answer you wanted to hear, but I have an ethical obligation to you to give you only correct Answers and information, so I am respectfully asking that you not hold the Pennsylvania law applicable to your situation against me,

____________________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

Andrea, Esq. and 4 other Real Estate Law Specialists are ready to help you
Customer: replied 4 years ago.

This promoter is selling other land can I make a lean on his other land until he fulfils his road access?


 


In general, what are my opinions?


 


BTW: Other people have withdrawn rent from him but they owe him much more money than their rent so he has to accept this otherwise they will not pay the rest of the land.

Michael, I completely understand your feelings about this and I know that I would feel the same way if someone sold me land that had no access road. But, in order to put a lien on anybody's property, the person must first sue the other person, obtain a judgment against the other person, then he can put a lien on the property until the other person pays he judgment in full.

 

You asked, what your options are. Actually, this should have been negotiated at the time that you executed the Agreement of Sale with the Promoter so that you could demand some firm time frame within which he would give you an access road. You can try to negotiate with this person now, so that at least he can give you a time frame as to when you can expect an access road. If he does not give you an access road within a reasonable amount of time, then file a lawsuit against him and the Judge will Order him to give you an access road. The Judge will realize that what the Promoter was doing was simply trying to sell off the land fairly quickly and not giving adequate thought to the inconvenience he was causing to you and to others who bought property from him without an access road. I am sure that giving you an access road to the property he sold you will be much cheaper than having to pay a lawyer to fight you in Court because he would lose. He knows that the Judge know that you have a right to this access road. So, it would be foolish for him to argue in Court. Filing a lawsuit might be just what he needs to give you the access road you need. Then, you can ask the Judge to award you your Attorneys' fees because the promoter knew that you had a right to an access road and you should not have been put to the expense of going to Court to get a right which you already had,

 

I realize that this is not exactly the Answer you were hoping for and it would have given me great pleasure to give you the Answer you wanted to hear, but I have an ethical obligation to you to give you only correct Answers and information, so I am respectfully XXXXX XXXXX you not hold the Pennsylvania law applicable to your situation against me,

____________________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

 

Customer: replied 4 years ago.


I would like to know what reasonable time is. He has had 2 years to do this. Yes I was an idiot to not with hold money until the road was built.


 


So my estimate using his techniques is that my road access is ready in 6 years from now.


 


http://www.youtube.com/watch?v=ONUQ61JWJqs


 


This video shows my road. Look for the sticks in the valley. I call it the "hole to hell". The earth needed to fill this road needs a small mountain. This is the worse. On my youtube site you will see the access from the main road (there is a drop of about 5m)

Michael, if you have already waited two years and the promoter has not given you an access road, then the "reasonable time" I spoke of has come and gone. He should have had an access road for you by now.

 

 

You said you were renting a room from him while you are "building". Is this construction on the property he sold you ?