We represented a national developer and home building company that was in the process of constructing a large-scale community. At this point in the development, utilities were installed, a preliminary subdivision plat was on record, and retention ponds were installed. An adjoining landowner behind the development claimed it had an easement right through the development. The adjoining landowner was not willing to use the would-be constructed roads, rather it contended that it was owed a separate and distinct entryway.
We approached this matter by critically analyzing the law related to easements in this context and decades of title abstracts. We determined that the adjoining landowner was contending it had rights beyond what the law would likely allow. The adjoining landowner commenced litigation against our client. We were able to resolve the issue at a subsequent mediation among the parties.
