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Old 06-06-2017, 03:18 PM   #90
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Originally Posted by brk-lnt View Post
... When we purchased in South Down (2006), I do not recall seeing any clauses, deed restrictions, etc. that mentioned this ROW existing and being earmarked for a public trail and associated fences to be built through the community. Should potential buyers have been made aware of how the common area property, and the community at large, could be impacted? Are there other precedents in similar circumstances?
Being a non lawyer you can take my opinion for what it's worth but since the public trail is not an encumbrance on any South Down property, there is no reason you would have seen it on any of your property documents. It is related to the STATE property. Most people wouldn't build near railroad tracks to begin with but the bet here was that the railroad in NH was dead and eventually the tracks would get torn up. Oops.

Sometimes it's not what can happen on YOUR property that you need to be aware of; it's what can happen on your NEIGHBOR'S property. Suppose a neighbor's property was zoned commercial (yours is not) and poof, suddenly they sell and a business is being built in your back yard and there is not a lot you can do about it except maybe to get some buffering put in. Unless you really dug into the real estate situation in the area, you probably would never see it coming. Most of us just aren't that careful. I think that is what is happening here.
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