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Can I bring action against the survey company and the township that violated many of their own ordinances concerning landlocked

Benton Harbor, MI |

We purchsed a 25 acre lot we split 5 to build but the 20 remaining acres were landlocked. The city did not catch it now home on the 5 has been foreclosed and our 20 acre lot is not useable or sellable? The municipality has many ordinances that they violated and the splits should not have passed a series of board reviews. the land is worth much less now and there was plenty of road frontage to avoid this problem. The bank that foreclosed probably wont agree to a reshaping of the split without some type of legal action.
What can we do?

Attorney Answers 3


Wait, you want to sue the city for not protecting you then? This question cannot be answered in this format; you need to visit an attorney who specializes in real estate- zoning issues. Surveyors are not lawyers so it's hard to sue them for legal malpractice.

The above answer is generalized reply to an question and is not intended to be legal advice or establish an attorney-client relationship with you. If necessary you should meet with an attorney and provide the attorney with all relevant documents and get an attorney opinion or advice on your situation.

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I agree with Attorney Davidson. You may also run into governmental immunity issues, as well.

You should consult with a real estate attorney to discuss your options. Your situation is too complex to be resolved in a forum like this.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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Ultimately, it was you who split the property to create a landlocked parcel. The ordinances are not there to protect you from yourself! You may want to consider suing the owner of the foreclosed home for an easement, although since you created the condition, the court might not look kindly on your claim. The best approach may be to purchase an easement from the owner.

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