Get Party 2 one of these, to bring to his/her "discussions" with the angry pushy developer:
Posted on 02/01/2024 3:02:43 PM PST by ProtectOurFreedom
We are in North Idaho and need a real tough, combative, junkyard dog real estate attorney with a good track record. How do you go about finding such an attorney?
The lot below us sold after being in one family for many decades. A developer bought it (call him Party 1) and has been less than forthcoming about his plans for the property. He proposes to build a second building on the property that will partially block our lake view and completely block another neighbor's lake view. The building plans comply with setback and height limitations so there's nothing there we can use.
BUT, the plans the new owner submitted to the city for permit approval show that he needs driveway access over his next-door neighbor's property (call him Party 2). Party 2 has refused the developer's request to sell a piece of his property or grant an easement for the driveway.
Party 1 came back with two conceptual designs today to relocate driveway. "Design B" is an even worse design and a non-starter. "Design A" slightly reduces the amount of land needed from Party 2 by Party 1, but it still encroaches. Party 2 will deny reject the new concepts (again rejecting outright sale or easement).
The city sent an email to Party 2 today telling him he cannot start any construction without getting an approved permit from the city. The city has told me the permit application drawings are in review by the State of Idaho and there's no date for completion of review. The city attorney told us this morning nothing can start until the permit is approved and this driveway issue has to be sorted out first.
Things have turned acrimonious and we now need a tough real estate attorney to go up against this new Party 1 owner. I've contacted two friends in real estate and gotten a couple of names from them. I'm in the process of contacting the referrals.
Has anybody had to find a tough, aggressive, junkyard dog real estate attorney? How do you go about finding one?
How does the new property owner get access to his property now?
If Design A is up to your neighbor and he declines Party 1, and if Design B is a "non starter", then what your problem at this point?
A couple of ideas:
Your local newspaper (presumably online) can be your friend.
Look for articles about real estate legal disputes—the attorneys should be named and you should be able to get ideas from those. That will also give you the names of the parties and you can ask them to rate their attorneys.
The town itself can give you information about previous real estate disputes—the parties and the attorneys.
Word of mouth is also your friend—see if any locals you know have been involved in these kinds of disputes.
You should be able to get local court records online—again looking for real estate disputes/issues.
One other source is the local realtors. They might be willing to talk to you about their favorite attorneys and give you strengths and weaknesses.
Surely you meant Party 1 here?
I’m confused.. (is easy to do so it’s probably me)
party 1 wants a piece of party 2s land for a drive way.
Party 2 is being denied starting their construction? or is this all about party 1 trying to build?
If it’s all about party one, it sounds like the city has already stopped them. Keep saying no to party 1.
if the city is holding up party 2s project I’d tell the city the driveway issue is settled as far as party 2 is concerned. No land will be offered and party 1 needs a new plan and start building.
Hopefully you find the lawyer you need
If, by chance, you are on Facebook, do a search on “Real Estate Investors Idaho” or, if lucky specify “North Idaho” in the Facebook GROUPS search. Join the Group, or as many Groups as you want or can. Post an inquiry, but NOT with as much info as you have here. Keep it general.
See who the investors recommend in the thread and also see if the same names keep popping up.
Once you find one, ask them to be clear and transparent about their damn fees! Most charge just for going back and forth on emails! Anyway, I’m a real estate investor in Colorado and that’s how I would find councel in any specific locale or jurisdiction. If you get lucky, they might personally know the players in that city or covenant.
You and the other neighbor should have bought the property if you want the view protected.
Get Party 2 one of these, to bring to his/her "discussions" with the angry pushy developer:
If you are not Party 1, and you are not Party 2, and Party 1 must submit a building plan that meets all zoning requirements for building size, setbacks, etc. … then what would be the legal basis for you to challenge the proposed project?
There is a driveway shared 50/50 between Party 1 and Party 2 going down the hill. An easement was mutually agreed to by the earlier owners back in the mid 80s. The plat shows a total of five easements of different dates. I have to go the county records office to get the particulars of the existing easements.
Is there any HOA bylaws? In some areas you have to buy out someone’s view if you’re going to block it.
You need both a Land Use attorney and a Real Estate litigator.
“You should have bought that lot before Party 1 did so.”
Yes. Others tried and were shot down by the previous owner. The Party 1 lot went for an astounding amount in summer 2023. The previous owner also shot down requests from people to split his lot in two.
Other neighbors behind us (Part 3) bought two lots in the 90s and built a house on one. They kept the other as open space to preserve the natural feel and provide room for kids and grandkids to play on.
True - but it sounds like it's lakefront with a building - high dollar.
Construction guy is moving in to make a quick buck [even higher $dollar$], and then move on.
Hence, the acrimony, since the neighbors are preventing him from taking his quick cr@p on the land.
You also might want to think about what kind of neighbor the new Richie Rich will be [they'd have to be, to afford the up-developed lot].
Does Party 1 have an attorney yet? Has he sued anyone else (either you or Party 2) for an access easement? Unless that has happened, you aren’t to the point where you need an attorney yet. Party 1 will have to take action to get access (which at some point he will get access, although I’m not an Idaho attorney, and maybe they have some strange land laws). If your land is not at issue for access, you aren’t even an interested oarty and don’t even need to be involved. Just my two cents.
Best of luck. I went thru something similar and it took 15 years to finish litigation.... or at least I hope we are finished. Cost was over the top for it.
Whatever you do remember this - YOU ARE YOUR BEST ADVOCATE. I went thru several attorneys until I found one that really had my best interest at heart. Familiarize yourself with zoning bylaws and read and research similar cases if you have time. If you’re not happy with an attorney FIND ANOTHER one!
If ya’ll mediate DO NOT SIGN ANYTHING UNTIL EVERYTHING YOU WANT IS WRITTEN DOWN AT MEDIATION and agreed to. And I mean everything you can think of. In other words don’t agree to agree later on in writing after mediation no matter what your attorney might say! Later on never comes. It just drags out litigation and cost.
Go down to the zoning office and ask for a recommendation to the toughest attorney they’ve witnessed.
You will spend more on attorney’s fees that you would have spent on purchasing the property on a case you cannot win as you have no right to your view while the person who bought the property has a right to build on it within the limits set by the municipal building codes and the restrictions in the deed for that property.
If you check your deed, I bet it contains an admonition that you do not have the right to a view of anything. I would caulk it up to learning a life lesson about purchasing property. Use and attorney to review the paperwork and read all the paperwork including the deed.
Party 2 is your friend. If he refuses to sell his property or to grant an easement to Party 1, Party 1 will have to use the driveway the previous owners used. Doing so might cause Party 1 to modify his plans. Party 1’s new plans to use the existing driveway might be better or worse for you viewshed.
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