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Old 05-05-2017, 09:39 AM   #24
jeffk
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Quote:
Originally Posted by thinkxingu View Post
This is where the law gets frustrating to me. If the SD properties were sold with a ROW--and ESPECIALLY if with the rail trail plans included--there shouldn't even be legal proceedings. If, on the other hand, the ROW was not disclosed, that's an issue.
While I agree that it's an issue, it would seem to me that the issue the SD folks have could be with the people who sold them the property. However, it appears that the ROW is on State Owned land, not on the actual property purchased? This is a classic problem. You buy a property looking forward to a quiet neighborhood and then you find out the abutting property is zoned commercial and they are about to build a new Rite Aid store. Bye bye quiet neighborhood. The reality is, buyer beware. It's up to you to dig into the area you are moving into. Maybe there is a toxic waste site a block away? The seller isn't required to tell you about problems in the surrounding area?

The typical action to getting caught out with unexpected problems is legal action. You may not have a leg to stand on but it doesn't mean you can't create a legal blizzard, especially if you band together with others who share your interest.

And, I can truly share the SD folks concern. I owned a property along the Merrimack in Hudson, NH. The deed provided a ROW for a walking path if the town ever got around to building it. I accepted the reality of it and decided if they did build it, I would push for a barrier (bushes?) to be constructed as well to provide a bit of separation from my property. It never came to pass but the possibility was there.
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