Development-Related Issues

The Client

Our client was a national developer and homebuilding company engaged in constructing a large-scale residential community. At this stage of development, utilities were installed, a preliminary subdivision plat was recorded, and retention ponds were established.

The Challenge

An adjoining landowner claimed they had an easement right through our client’s development and demanded a separate, distinct entryway rather than using the new roads that would be constructed as part of the development. This situation posed a significant obstacle, with the landowner asserting rights beyond what the preliminary assessments suggested the law would allow.

Key Issues

• Easement rights claimed by the adjoining landowner could potentially disrupt the planned development layout.
• The landowner initiated litigation, creating immediate legal and operational challenges for our client.

Our Approach

To address this challenge, we took a comprehensive approach, focusing on the following steps:

1. Legal Analysis: We conducted a critical review of easement laws specific to this context, examining decades of title abstracts to establish the legitimacy and extent of the landowner’s claims.
2. Case Assessment: We determined that the landowner’s claim likely exceeded what was legally permissible, positioning us to build a strong case for our client.
3. Resolution Through Mediation: The case progressed to litigation initiated by the landowner. However, we successfully resolved the dispute at a subsequent mediation session, where all parties were able to reach a mutually acceptable agreement.

Our commitment to thorough research and strategic negotiation ensured that our client could move forward with minimal disruption to their development plans.

Interested in learning how we can help resolve complex property issues? Contact us today to discuss your case.

For more information on our services, explore our Development Entitlement and Consulting and Property Disputes and Property Contract Disputes practice areas.