We have property in an illegal subdivision. The town refuses to act. How can we compel the town to clear up this mess?

Asked about 5 years ago - Hudson, ME

The town attorney has advised the town to do nothing unless a title issue emerges. The Planning Board of the town has ignored the facts and also refuses to do anything. The State has agreed that there is in fact an illegal subdivision, but will not intervene. Their opinion is that we have a clouded title. What are my options?

Attorney answers (1)

  1. Kevin J Best

    Contributor Level 9

    Answered . The facts are very limited in your question. I assume you purchased a lot in a subdivision that either was not properly subdivided pursuant to the local jurisidction's subdivision or zoning ordinances or there is somehow a defect in the final plat that was recorded in the land records. Does your subdivision have a homeowners association? If so, you may want to enlist their help in clearing up the problem. Do you have title insurance? If so, you may want to file a claim since you state that there is now a purported cloud on you property's title. The title company may presssure the developer to address the subdivision problem.

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