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problem with r-o-w conformance

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pcs115

Guest
What is the name of your state?What is the name of your state? maine

I bought a home 4 months ago, it's brand new but we did not build it. in the process of buying the home we came across several papers that showed that the builder(seller) applied for permits and was approved at every step in the process of building the home. we also have a certificate of occupancy from the town which states that the property is in conformance with all codes.

now, however it seems that the home is not in conformance with a right of way that in the deed says...20 ft r-o-w to access a wood lot. the neighbors who have this right of way had 30 days to appeal the building of this property but chose to keep quiet until we bought the home. it seems that they are threatening the town with a lawsuit. they want us to move the r-o-w to another spot (which is still non-conforming) and give them utilities and a driveway next to our house so they can subdivide their property. the town says if we don't give these people all this, they will make us move the house.

can they make us do this? also note this r-o-w has not been used in at least 66 years( we can prove this) and is not visable.also, there is no longer a wood lot to access, and this would then make it residential which the r-o-w- was not intended for.
also our title insurance will not cover the r-o-w.

anyone want to take a crack at this?
 


FarmerJ

Senior Member
Your best bet is to use the links up top and arrange to speak with a local real estate atty who can give you the best possible advice for your situation , Many attys do give free consults and even if you find that you have to pay for the services the advise you get will be based on your states laws . this forum is great but I think you need to get more help than what you realise . Give it a shot and see who you can find using this site .
 

nextwife

Senior Member
Many people confuse meeting all the municipal codes and setbacks with ALSO conforming to all those that may be on title. Title may have additional restrictions that are not municipal requirments. Frankly, I've been shocked when some builders have asked why they were sent a copy of the title and they said "they didn't need it". Get an attorney and have him review the title and current, as-built survey, and advise you how to go after the seller/builder for failing to comply (if that turns out to be the case) with the title requirements and obtain compensation for the costs associated.
 
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