My question involves an easement in the state of: Virginia
We recently sold our house (early June closing in mid Aug) in order to purchase a lot to build new house on. The plat drawings with which we designed the house on do not show a utility device within the lotís dimensions. These two separate plat drawings are dated 5 and 28 May. The realty company represents us selling our house and buying the new lot. The realty company is also part of the development company that owns the lot we put a down payment on to purchase.
We have asked the development company to relocate the utility device at their cost ($15K) and they refused stating that we saw the device on the lot (the utility device will be located approx. three feet from the main stairs to the house, and approx. 10 feet from the front door). There is a major construction phase currently underway all around the lot in question. There have even been changes to the lotís dimensions that are not the same as what we had designed the house plans on. We believed the device would be moved during this phase of construction since it was never identified on any plat drawings provided by our architect and the companyís architect (same person).
Now that we have sold our house, we cannot just pull the plug on the whole effort and get back our down payment.
Is there any recourse (even if through litigation) to force the development company to relocate the utility device?