Fight Against a Developer

**Redbirds** · 06-20-2008, 05:19 AM

My question involves real estate located in the State of: North Carolina.

Please Help. We own some mountain property that a Developer has tried to purchase rather sneakily. He has constantly bombarded us with everything from calls that our property was worth nothing to legal threats that our property contains encroachments.
They have now sent us a letter from an attorney saying they wish to purchase our property and that we must pay for a survey or we face legal action over the boundary dispute. We don't wish to sell for the amount they are suggesting, and have no motivation to sell. It's sad to us that deep pockets can come in and harass us like this in their quest to rip up a mountain.
We are lost here, any help please?

**lwpat** · 06-20-2008, 05:51 AM

I assume that he is only asking you to pay for half of the cost. This is reasonable if there is an actual dispute over the location of the line. They have the right to go to court and ask for a declaratory judgment. Normally a judge will then appoint two surveyors with the cost being split. I suggest that you pay half the cost and retain the right to select the surveyor.

**aaron** · 06-20-2008, 06:01 AM

Did they specify the nature and extent of the boundary dispute?

lwpat, if they take it to court, they have the burden of proof. In these parts, that means that unless the defendant is rolling over and playing dead, they need to come in with evidence of the actual location of the boundary line.

**Redbirds** · 06-20-2008, 08:10 AM

Many, Many thanks for your help here. Much appreciated. The developer had his surveyor call us and tell us that other deeds contained encroachments over our property and that he wanted to survey the land for us for half the cost. We have turned down all his offers thus far as the developer has lied to us repeatedly and we have no motivation to sell. Again, thank you for helping us... we truly appreciate you.

**lwpat** · 06-20-2008, 01:21 PM

I have actually been involved in a situation in NC where that was what the judge ordered. Since it was a lower court I do not know whether it would have held up on appeal but it usually isn't worth the expense. However, there were conflicting plats and an actual dispute. I would at least ask the surveyor to provide me with the other deeds. In many parts of the NC mountains this in not unusual.