What Can I Do If I Can’t Build on My Property Due to Road Issues?

Question from Mad, What Can I Do If I Can’t Build on My Property Due to Road Issues?

Answer from AI:

If you find yourself unable to build on your property due to a dispute between the developer and the county, there are several steps you can take to address the situation. Here’s a general guide to help you understand your options:

Understanding the Situation

In Cheatham County, TN, you purchased land in a new development where the developer is required to complete certain infrastructure, such as roads, before building permits can be issued. The county has halted the issuance of building permits until the developer fulfills these obligations. This situation can be frustrating, but there are legal avenues you can explore.

Steps to Take

1. Review Your Purchase Agreement: Start by carefully reviewing the purchase agreement or contract you signed when you bought the property. Look for any clauses related to infrastructure development, timelines, and the developer’s obligations. This document may outline your rights and the developer’s responsibilities.
2. Contact the Developer: Reach out to the developer to understand their plan and timeline for completing the required road infrastructure. Express your concerns and ask for a clear timeline for when the roads will be completed and when you can expect to receive a building permit.
3. Consult with a Real Estate Attorney: Given the complexity of the situation, it is advisable to consult with a real estate attorney who is familiar with Tennessee property law. They can provide personalized legal advice based on the specifics of your case and help you understand your rights and options. They may also assist in negotiating with the developer or the county.
4. Explore Legal Remedies: Depending on the terms of your purchase agreement and the developer’s obligations, you may have legal remedies available. These could include:
   • Breach of Contract: If the developer has failed to meet their obligations as outlined in the purchase agreement, you may have grounds to file a breach of contract claim.
   • Specific Performance: You could seek a court order requiring the developer to complete the infrastructure as promised.
   • Damages: You may be entitled to monetary compensation for any losses you have incurred due to the delay.
5. Engage with the County: Contact the county’s planning or building department to get a clear understanding of their requirements and any potential solutions. They may provide information on any steps you can take to expedite the process or any alternative solutions available.
6. Consider Alternative Dispute Resolution: Mediation or arbitration could be a faster and less costly way to resolve the dispute with the developer. These methods involve a neutral third party who helps facilitate a resolution.

Resources and Further Reading

For more information on real estate laws and your rights as a property owner, you can refer to the following resources:

• Tennessee Real Estate Commission – Provides information on real estate regulations and consumer rights in Tennessee.
• Tennessee Department of Environment and Conservation – Offers resources on water and sewer approvals and other environmental regulations.

When to Seek Legal Advice

Given the potential complexity and financial implications of this situation, it is crucial to seek legal advice from a qualified real estate attorney. They can provide tailored advice based on the specifics of your case and help you navigate the legal process effectively.

Remember, while this guide provides general information, it is not a substitute for professional legal advice. Always consult with a legal professional for personalized guidance.