Permanent injunction

[Jseib1860]

My neighbor was granted a permanent injunction against a developer to prevent thoe developer from adding fill to raise the grade of the developers land. The developer appealed but the decision was upheld by the state Supreme Court of Ohio. The developer has sold the property in question to a new developer. Does that mean the permanent injunction is now meaningless, or does the new owner need to abide by it even though he isn’t a named party in the original legal action?

 

[quincy]

My neighbor was granted a permanent injunction against a developer to prevent thoe developer from adding fill to raise the grade of the developers land. The developer appealed but the decision was upheld by the state Supreme Court of Ohio. The developer has sold the property in question to a new developer. Does that mean the permanent injunction is now meaningless, or does the new owner need to abide by it even though he isn’t a named party in the original legal action?

It depends on the wording of the injunction but any new owner of the property would be silly to not abide by the injunction.

 

[LdiJ]

It depends on the wording of the injunction but any new owner of the property would be silly to not abide by the injunction.

I agree and will add that your neighbor might want to make sure that the new buyer is aware of the injunction. It would have been incredibly stupid of the old developer NOT to disclose the injunction, but sometimes people are incredibly stupid.

 

[Jseib1860]

Thanks, this is helpful

 

[quincy]

Good.

The new buyer, as a note, also would be incredibly stupid if he did not check prior to purchase if there were any restrictions on the use of the land - although altering the grade of the land is something that all developers should already know can cause a problem with the natural flow of water and result in lawsuits from neighboring property owners.

 

[adjusterjack]

Thanks, this is helpful

You neighbor should have, or should get, certified copies of the court order to have on hand for anybody who comes to the property or he can deliver one to the new owner if he has the new owner's name and location.

Being proactive can save your neighbor a lot of hassle and expense.

Your neighbor can check the county recorder for the identity of the new owner.

 

[zddoodah]

Only someone who has read the injunction can speak intelligently about its legal effect.

 

[quincy]

Only someone who has read the injunction can speak intelligently about its legal effect.

Well, we can probably safely say that any new developer should not attempt to add fill to raise the grade of the property.