What is the name of your state? Georgia
Thanks in advance to anyone who can give me some advice!
My husband and I bought our home in this brand-new subdivision two years ago. Our only amenity in this neighborhood is a nature trail that runs throughout the neighborhood. Long story short, the trail encroaches on our property, as well as the properties of about 20 other neighbors, out of 54 homes in the subdivision. We noticed it before closing, but just assumed since it was that way for all our surrounding neighbors, that we would be responsible for taking care of our portion of the trail. We found out later that that isn't so. The HOA is supposed to maintain the trail but can't because some of it is private property. They sought the help of a real estate attorney and almost had an agreement worked out, in which the builder was going to move the trail where possible and pay the rest of us some money to give easements to the HOA where it wasn't possible to move it (we would have been one of the easement situations), allowing them to legally take care of it and maintain it. In the midst of this back and forth correspondence, a new board was elected in our neighborhood. The new group of board members (a "clique" of certain people) didn't think it was fair that some of us were "getting paid" and stopped that action. Now, they aren't even using an attorney anymore and have been going back and forth with the builder for almost a year, to no avail, trying to get the issue resolved by another means.
My question: Is it time for me and my husband to get our own attorney? I'm not even sure at this point who to go after...the builder, the county who wrongingly approved the survey (or so the builder says), the HOA for screwing everything up when it was almost resolved? Or, would it be safe to just post a "no trepassing" sign on our part of the trail and let it be?
This is a VERY abbreviated version of the situation, so if anyone needs more info before giving advice, I'll understand.
Kelly M.
[email protected]
Thanks in advance to anyone who can give me some advice!
My husband and I bought our home in this brand-new subdivision two years ago. Our only amenity in this neighborhood is a nature trail that runs throughout the neighborhood. Long story short, the trail encroaches on our property, as well as the properties of about 20 other neighbors, out of 54 homes in the subdivision. We noticed it before closing, but just assumed since it was that way for all our surrounding neighbors, that we would be responsible for taking care of our portion of the trail. We found out later that that isn't so. The HOA is supposed to maintain the trail but can't because some of it is private property. They sought the help of a real estate attorney and almost had an agreement worked out, in which the builder was going to move the trail where possible and pay the rest of us some money to give easements to the HOA where it wasn't possible to move it (we would have been one of the easement situations), allowing them to legally take care of it and maintain it. In the midst of this back and forth correspondence, a new board was elected in our neighborhood. The new group of board members (a "clique" of certain people) didn't think it was fair that some of us were "getting paid" and stopped that action. Now, they aren't even using an attorney anymore and have been going back and forth with the builder for almost a year, to no avail, trying to get the issue resolved by another means.
My question: Is it time for me and my husband to get our own attorney? I'm not even sure at this point who to go after...the builder, the county who wrongingly approved the survey (or so the builder says), the HOA for screwing everything up when it was almost resolved? Or, would it be safe to just post a "no trepassing" sign on our part of the trail and let it be?
This is a VERY abbreviated version of the situation, so if anyone needs more info before giving advice, I'll understand.
Kelly M.
[email protected]