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property subdivision

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ssiguy99

Guest
We are attempting to sell a beachfront property in South Carolina and the sale has been stymied by the owners of the declarant rights. We have owned the property for more than 50 years and the prospective owner wants us to divide the front lot designated 2AB into 2a and 2b. The owners of the declarant rights are being really ugly about this and refusing to grant us the right to make the subdivision even though lots in the same subdivision have been sliced up into four to five lots. We didn't even know about developer's rights before this thing began. The sale has been dragging on for more than three months now and the buyer is still hanging on. We were supposed to close September 1. In fact, the buyer has every right to sue us for breach of contract if we back out and our lawyers have said as much. We've already spent tens of thousands of dollars trying to get approval from this group. The Town planning agency may stamp our plats "exempt" from subdivision approval next week due to the fact that we got an additional 10' roadway easement from the owners of Lots 2D and 2C. But, we still have to go back and file our subdivison application with this group and our lawyers think tortious(?) interference with contract. What's our chances for winning a favorable decision in court? Don't you think our lawyers should have known all this before we got so involved?
 
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