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common area now being developed

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K. Mastrangelo

Guest
What is the name of your state? georgia
I purchased my home six years ago and the property directly accross the street from me in our neighborhood is labeled common area. It was told to us as well as our surrounding neighbors by the developer, the real estate agent which is his wife and our builder which is his brother in law, before purchase that this property was "undevelopable, and is common area". Of course I checked the plat registered in our county courthouse and it does list this property as common area. The zoning conditions also specifiy that our neighborhood development consist of no more than 82 lots (which we currently have). My neighbors and I cleaned up this property upon completion of the development. We have regularly maintained this property by mowing, cutting up fallen trees and even laying sod to reduce erosion.

Now the developer wishes to build three houses there. It's not that I am opposed to homes or people you see. There are other reasons I don't wish to see this development there. My property is directly downhill from this property and in fact has a storm water culvert down the side of my yard to a creek in the back. This pipe is 48" and dumps a lot of water into my front yard to flow down this grassed culvert which we of course maintain. By the way this culvert is also a live stream and is always wet. I am sure it is at it's full capacity having already witnessed the overflow evidenced in my flower beds.

Having reviewed the county's updated stormwater drain manual, I do not believe this type of drainage would be allowed today.

Shouldn't this property be common area? If not can I sue the developer or county for misrepresentation? How would I determine my loss in property value should they take away our common area and all the trees that now buffer us from an A1 zoning? should I ask the couty to make rocking this grassed culvert in our yard a condition of his rezoning?
 


HomeGuru

Senior Member
K. Mastrangelo said:
What is the name of your state? georgia
I purchased my home six years ago and the property directly accross the street from me in our neighborhood is labeled common area. It was told to us as well as our surrounding neighbors by the developer, the real estate agent which is his wife and our builder which is his brother in law, before purchase that this property was "undevelopable, and is common area". Of course I checked the plat registered in our county courthouse and it does list this property as common area. The zoning conditions also specifiy that our neighborhood development consist of no more than 82 lots (which we currently have). My neighbors and I cleaned up this property upon completion of the development. We have regularly maintained this property by mowing, cutting up fallen trees and even laying sod to reduce erosion.

Now the developer wishes to build three houses there. It's not that I am opposed to homes or people you see. There are other reasons I don't wish to see this development there. My property is directly downhill from this property and in fact has a storm water culvert down the side of my yard to a creek in the back. This pipe is 48" and dumps a lot of water into my front yard to flow down this grassed culvert which we of course maintain. By the way this culvert is also a live stream and is always wet. I am sure it is at it's full capacity having already witnessed the overflow evidenced in my flower beds.

Having reviewed the county's updated stormwater drain manual, I do not believe this type of drainage would be allowed today.

Shouldn't this property be common area? If not can I sue the developer or county for misrepresentation? How would I determine my loss in property value should they take away our common area and all the trees that now buffer us from an A1 zoning? should I ask the couty to make rocking this grassed culvert in our yard a condition of his rezoning?
**A: you have very valid points. Consult a real estate attorney as to the specifics.
 

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