A
auntannm
Guest
What is the name of your state?What is the name of your state?DE
Our family home is right in the middle of a new Toll Brothers Development.
We have owned the home since 1961 and all the land around us was farm land at the time. The owners of all the land (not our home plot) then sold off the top soil to make money in the 1960's, therefore leaving our homesite on a hill. It is clearly stated in the deed that we are responsible for maintaining the "banks" and other grounds-driveway area adjoining the home. However the actual property line is about 5-10 foot inside the sloping bank on one side.
We were not totally aware of this as for over 40 years there has been no dispute. The original owners sold the land 9 years ago to a restauranteur. We had no disputes with him and he had in turn sold to Toll Brothers last year.
Toll Brothers came up with a plan to cram 161 townhouses on the property.
The County suggested they downsize a bit to about 128 units as sewer and road capacity could not handle so much...anyway Toll Brothers gets their way but they have now dug into and undermined the banks on one side and are about to use the driveway area as part of their roadway.
We did obtain a lawyer in case we needed one knowing of Toll Brothers reputation. The lawyer said by Delaware law if you maintain a property and can prove it for 20 years or more it is by rights yours. We presented him with photos etc over the years when there was nothing but soybeans or corn there. After a standoff with my 79 year old Mother we had our lawyer contact theirs and he (our lawyer) later called us back and said he was sorry he could no longer represent us. So what can we do? thanks as I am perplexed
Our family home is right in the middle of a new Toll Brothers Development.
We have owned the home since 1961 and all the land around us was farm land at the time. The owners of all the land (not our home plot) then sold off the top soil to make money in the 1960's, therefore leaving our homesite on a hill. It is clearly stated in the deed that we are responsible for maintaining the "banks" and other grounds-driveway area adjoining the home. However the actual property line is about 5-10 foot inside the sloping bank on one side.
We were not totally aware of this as for over 40 years there has been no dispute. The original owners sold the land 9 years ago to a restauranteur. We had no disputes with him and he had in turn sold to Toll Brothers last year.
Toll Brothers came up with a plan to cram 161 townhouses on the property.
The County suggested they downsize a bit to about 128 units as sewer and road capacity could not handle so much...anyway Toll Brothers gets their way but they have now dug into and undermined the banks on one side and are about to use the driveway area as part of their roadway.
We did obtain a lawyer in case we needed one knowing of Toll Brothers reputation. The lawyer said by Delaware law if you maintain a property and can prove it for 20 years or more it is by rights yours. We presented him with photos etc over the years when there was nothing but soybeans or corn there. After a standoff with my 79 year old Mother we had our lawyer contact theirs and he (our lawyer) later called us back and said he was sorry he could no longer represent us. So what can we do? thanks as I am perplexed