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  1. #1
    Join Date
    Aug 2007
    Posts
    4

    Cool Potential Land Purchase, With Blocked Right Of Way

    New Hapshire:

    We are looking at purchasing a camp in New Hampshire. The sellers have owned this camp for 17 years and have a written, legal right to two Right of Ways to the lake across the street. Several years ago the land that the ROWs were on was taken by the town for back taxes. Then the two neighbors on either side purchased this piece of land and split it between them right down the ROW. One neighbor put a septic systim on one ROW and the other neighbor has built a shed, stored wood and planted a grass lawn over the 2nd ROW. When we went to look at the ROW this the "Shed Neighbor" told us we would not have access to the beach he has created over the ROW. Obviously we will need a lawyer if we choose to go through with this purchase, but I'm wondering what our chances are to reclaim at least one ROW after purchase?

    Thanks

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Potential Purchase/Right of way blocked

    they should be good. As a matter of fact, you should be able to claim both. The guy who built something will simply have to remove it. Too bad. He is the one that built on a recorded right of way.

    the other guy may give you problems as well since many folks do not like traffic across a septic system. He too, is in the wrong.

    I would make the purchase contingent upon the correction and clearance of the ROW. If you wait until after, you will have to pay for the fight. If part of the deal, the sellers will have to pay for it.

  3. #3

    Default Re: Potential Land Purchase, With Blocked Right Of Way

    You might also drop by the local septic permitting agency and gently inquire if they know they granted a permit for a septic system located in a R.O.W. You may get some interesting results.

  4. #4
    Join Date
    Aug 2007
    Posts
    4

    Default Re: Potential Land Purchase, With Blocked Right Of Way

    Thank you for the above information. I believe we are going to move forward on the purchase of this piece of land. We have obtained a lawyer. In the mean time my husband went to the town and then to the state about the septic system on the ROW. You will be interested to know that there was no permit for the system and the state is sending an inspector out there this Thursday. I think we may have opened a can of worms for that guy, but tough tooties to him!

    Let me know if anyone is interested in how this turns out and I'll continue to update the post.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Potential Land Purchase, With Blocked Right Of Way

    Quote Quoting nhlake
    View Post
    Let me know if anyone is interested in how this turns out and I'll continue to update the post.
    there's nothing worse than the electricity going out on the final episode of the Soprano's (at least until I actually watched it.)



    Of course we want to hear how things turn out.

  6. #6
    Join Date
    Aug 2007
    Posts
    4

    Default Re: Potential Land Purchase, With Blocked Right Of Way

    LOL!
    Okay, so here goes: So far today we have learned that the guy at the state level was incorrect, he called back to say that there was a permit for the septic, but will now look into the fact that it was placed in the middle of the 2nd ROW.

    Fax's are flying back and forth!

  7. #7
    Join Date
    Aug 2007
    Posts
    4

    Default Re: Potential Land Purchase, With Blocked Right Of Way

    Well, it's looking like we will never know how this one ends! The state has contacted the property owner with the septic over the ROW asking for proof of permission to use the ROW for the septic as it would appear that the permit was granted inappropriately (or something like that, I don't have the letter in front of me). The state names us in the letter as an interested buyer ...nice! That was three weeks ago and we haven't heard boo since.

    We asked the Real Estate Rep. for all the paperwork the owners had related to the ROW's. She was calling us daily up until that request...we never heard from her again...that too has been three weeks.

    So even though we think this guy is a crook and getting away with it, we won't pursue it any further. Even if we did win in court, it probably wouldn't be the nice pleasant retreat we are looking for as we'd have to look at this guy every day.

    The end for now!

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Potential Land Purchase, With Blocked Right Of Way

    I suspect the RE agent simply went on to other deals. They don;t make any money chasing dreams and many of them will bail if it takes too much work to make a deal work, especially if they have other fish to fry.

    It is definately better to find these things before a purchase, or even a contract to purchase.

    Hopefully, even if you do not persue the property, the illegal situations will be remedied for the next guy.

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