Bug, Inc
Essay by 24 • May 22, 2011 • 883 Words (4 Pages) • 1,084 Views
Article Summary Paper
There is bound to be some confusion or misunderstandings when dealing with organizations and developers who propose to build or upright businesses, buildings or residential buildings next to one's property. One must be sure to understand and agree to the legality and interpretation of contracts when dealing with such organizations. Often times, individuals are misled and ignored when they have questions , therefore leading to legal disputes between the homeowner/property owner and the developer and at times may involve a third party in such disputes.
Aaron Lily, a developer who is constructing the Seven Oaks Townhouses will surround the home and property owned by Mr. Lowry during the development phase. Mr. Lowry has presented Mr. Lily with several issues and concerns regarding the building of the Seven Oaks Townhouses surrounding his property. Mr. Lowry has had a seven year ongoing battle with the city of Bristol Virginia and with Mr. Lily the developer, maintaining that the city failed to enforce the city's building codes and that Mr. Lily is not in compliance and refuses to negotiate to rectify the problems.
There are many issues being disputed in this particular case. The disputes in question began in 2000, when Mr. Lily purchased the property from Mr. Lowry's father. The latest issue between Mr. Lowry and Mr. Lily is Mr. Lowry's difficulty in maintaining access to his home by the use of a driveway. Mr. Lily has converted what used to be Mr. Lowry's driveway into a paved parking lot for the use of the unfinished townhouse building. Mr. Lily maintains his position in no wrong doing because according to the contract between Mr. Lily and Mr. Lowry the verbiage states that the third party [developer] reserves the right to relocate same [driveway] along a line more convenient for its development of the property at the expense of the third party. The developer, Mr. Lily has agreed to enlarge the parking lot so that Mr. Lowy would have ample access to his property. This would enable Mr. Lowry to maneuver around the big trucks and other equipment that may block or interfere with his entrance to the property. This has not satisfied Mr. Lowry and he has requested that developer construct a new driveway across his front yard. Mr. Lily has agreed to a gravel driveway, still to no satisfaction to Mr. Lowry. Mr. Lily is skeptical about constructing a paved driveway, doing so would make him liable for the replacement of waterlines located in that area if they are damaged during the construction of the new driveway. In addition to the driveway issue Mr. Lowry has a problem with how far the dirt and foundation that supports the Seven Oaks Townhomes, encroaches onto hiss property. Mr. Lily claims the material encroaches a few inches onto the property, while Mr. Lowry adamantly claims its several feet.
The property owner in this case feels that the legal issues lie on the city for not adhering and enforcing its own building codes, ignoring the contract the family has with the city
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